
Glass USE^A?..^ 

Book > ^X 









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IWhote Number S48 



UNITED STATES BUREAU OF EDUCATION. 



EEPRINT OF CHAPTEB, I FROM THE REPORT OF THE COMMISSIONER OP EDUCATION 
? FOR 1902 AND OP CHAPTER II OP THE REPORT FOR 1903. 



INERAL LAWS RELATING TO AGRICULTURAL 

AND MECHANICAL LAND-GRANT 

COLLEGES. 



-*•♦•->( +«^h>-*+*" 



, , WASHINGTON: 
GOVEKNMENT FEINTING OFFICE. 

1905. 



o 



'y- 



|<) CHAPTEE I. 

-^ GENERAL LAWS RELATING TO AGRICULTURAL AND 

MECHANICAL LAND GRANT COLLEGES. 



ACTS OF CONGRESS. 

AN ACT donating laiblic lands to the several States and Territories which, may provide colleges 
for the benefit of agriculture and the mechanic arts. 

Be it enacted by the Senate and House of Representatives of the United States 
of America in Congress assembled, Thfit there be granted to the several States, 
for the piirposes hereinafter mentioned, an amount of public land, to be appor- 
tioned to each State a quantity equal to 30,000 acres for each Senator and Repre- 
senta,tiTe in Congress to which the States are respectively entitled by the appor- 
tionment Tinder the census of 1860: Provided, That no mineral lands shall be 
selected or purchased under the provisions of this act. 

Sec, 2. And be it further enacted, That the land aforesaid, after being surveyed, 
shall be apportioned to the several States in sections or subdivisions of sections, 
not less than one-quarter of a section; and vrherever there are public lands in a State, 
subject to sale at priva,te entry at one dollar an,d twenty-five cents per acre, the 
quantity to which said State shall be entitled shall be selected from such lands, 
within the limits of such State; and the Secretary of the Interior is hereby directed 
to i s&ue to each of the States , in which there is not the quantity of public lands sub j ect 
to sale at private entry, at one dollar and twenty-five cents per acre, to which said 
State may be entitled under the provisions of this act, land scrip to the amount in 
acres for the deficiency of its distributive share; said scrip to be sold by said States, 
and the proceeds thereof applied to the uses and purposes prescribed in this act, 
and for no other use or purpose whatsoever: Provided, That in no case shall any 
State to which land scrip may thus be issued be allowed to locate the same -"vnthin 
the limits of any other State, or of any territory of the United States; but their 
assignees may thus locate said land scrip upon any of the unappropriated lands 
of the United States subject to sale at private entry at one dollar and twenty-five 
cents, or less, an acre: And provided further. That not more than one million 
acres shall be located by such assignees in any one of the States: And provided 
further, That no such location shall be made before one year from the passage of 
this act. 

Sec. 3. And be it further enacted. That all the expenses of management, super- 
intendence and taxes from date of selection of said lands, previous to their sales, 
and all expenses incurred in the management and disbursement of moneys which 
may be received therefrom, shall be paid by the.'States to "" ' ?h they may belong, 
out of the Treasury of said States, so that the entire procec of the sale of said 
lands shall be applied, without any diminution whatever, to the purposes herein- 
after mentioned. 

Sec, 4. And be it further enacted, That all moneys derived from the sale of the 
lands aforesaid by the States to which the lands are apportioned, and from the 
sales of land scrip hereinbefore provided for, shall be invested in stochs of the United 
States, or of the States, or some other safe stocks, yielding not less than five per 
centum upon the par value of said stocks; and that the moneys so invested shall 
constitute a perpetual fund, the capital of which shall remain forever undimin- 
ished, except so far as may be provided in section fifth of this act, and the interest 
of which shall be inviolably appropriated, by each State which may take and 
claim the benefit of this act, to the endowment, support, and maintenance of, 
atleast, one college, where the leading object shall be, without excluding other 
scientific and classical studies, and including military tactics, to teach siich 
branches of learning as are related to agriculture and the mechanic arts, in such 

ED 1902 1 1 



2 EDUCATIOI^r EEPOI^T, 1901-1902,^ 

manner a.s tlie Legislatures of the States may respectively prescribe, in order to 
promote the liberal and practical education of the industrial classes in the several 
pursuits and professions in life. 

Sec. 5. And be it further enacted,. That the grant of land and land scrip hereby 
authorized shall be made on the following conditions, to which, as well as to the 
provisions hereinbefore contained, the previous assent of the several States shall 
be signified by legislative acts: 

First, If any portion of the fund invested, as provided by the foregoing section, 
or any portion of the interest thereon, shall, by any action or contingency, be 
diminished or lost, it shall be replaced by the State to which it belongs, so that 
the capital of the fund shall remain forever undiminished; and the annual interest 
shall be regularly applied without diminution to the purposes mentioned in the 
fourth section of this act, except that a sum, not exceeding ten per centum upon 
the anioimt received by any State under the provisions of this act, may be expended 
for the purchase of lands for sites or experimental farms, whenever authorized 
by the respective Legislatures of said States; 

Seeond, No portion of said fund, nor the interest thereon, shall be applied, 
directly or indirectly, under any pretense whatever, to the purchase, erection, 
preservation, or repair of any building or buildings; 

lliird. Any State which may tate and claim the benefit of the provisions of this 
act shall provide, within five years, at least not less than one college, as prescribed 
in the fourth section of this act, or the grant to such State shall cease; and said 
State shall be bound to pay the United States the amoimt received of any lands 
previously sold, and that the title to purchasers under the State shall be valid; 

Fourth, An annual report shall be made regarding the progress of each college, 
recording any improvements and experiments made, with their costs and results, 
and such other matters, including State industrial and economical statistics, as 
may be supposed useful; one copy of which shall be transmitted by mail free, 
by each, to all the other colleges which may be endowed under the provisions of 
this act, and also one copy to the Secretary of the Interior; 

Fifth, When lands shall be selected from those which have been raised to 
dotible the minimum price in consequence of railroad grants, they shall be com- 
piated to the States at the m.axiniui!i price, and the number of acres proportionally 
diminished; 

Sixth, No State, while in a condition of rebellion or insurrection against the 
government of the United States, shall be entitled to the benefit of this act; 
" Seventh, No State shall be entitled to the benefits of this act unless it shall 
express its acceptance thereof by its Legislature within two years from the date 
of its approval by the President. 

Sec. 6. And be it further enacted, That land scrip issued under the provisions 
of this act shall not be subject to location utntil after the first day of January, 1883. 

Sec. 7. And be it further enacted, That land officers shall receive the same fees 
for locating land scrip issued under the provisions of this act as is now allowed 
for the location of military bounty land warrants under existing laws: Provided, 
That maximum compensation shall not be thereby increased. 

Sec, 8. And be it further enacted, That the Governors of the several States to 
which scrip shall be issued under this act shall be required to report annually to 
Congress all sales made of such scrip until the whole shall be disposed of, the 
amount received for the same, and what appropriation has been made of the pro- 
ceeds. (Approved, July 3, 1862.) 

AIST ACT To establish agricultural experiment stations in connection with the colleges estah- 
lished in the several States under the provisions of an act approved July second, eighteen 
hundred and sixty-two, and of the acts supplementary thereto. 

Section 1. Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That in order to aid in acquiring 
and diffusing among the people of the United States useful and practical infoi-ma- 
tion on subjects connected with agriculture, and to promote scientic investigation 
and experiment respecting the principles and applications of agricultural science, 
there shall be established, under direction of the college or colleges, or agricul- 
tural department of colleges, in each State or Territory established, or which may 
hereafter be established in accordance with the provisions of an act approved July 
second, eighteen hundred and sixty -two, entitled "An act donating public lands 
to the several states and territories which may provide colleges for the benefit of 
agriculture and the mechanic arts, ' ' or any of the supplements of said act, a depart- 
ment to be known and designated as an " agricultural experiment station: " Pro- 
vided, That in any State or Territory in which two such colleges have been or may 
be 9o established, the appropriation hereinafter made to such State or Territory 



LAWS RELATING TO LAND-GRANT COLLEGES. 3 

shall be equally divided between such colleges, unless the legislature of stich state 
or territory shall otherwise direct. 

Sec. 3. That it shall be the object and duty of said experiment station.? to con- 
duct original researches or verify the experiments on the phy.siology 'of plants and 
animals; the diseases to which they are severally subject, with the remedies for 
the same; the chemical comjiosition of useful jilants at their different stages of 
growth; the comparative advantages of rotative cropping as pursued under a vary- 
ing series of crops; the capacity of new plants or trees for acclimation; the analysis 
of soils and water; the chemical composition of manures, natural or artificial, v/ith 
experiments designed to test their comparative effects on crops of different kinds; 
the adaptation and value of grasses and forage plants; the composition and digesti- 
bilty of the different kinds of food for domestic animals; the scientific and economic 
questions involved in the production of butter and cheese; and such other re- 
searches or experiments bearing directly on the agricultural industry of the United 
States as may in each case be deemed advisable, lia\dng due regard to the varying 
conditions and needs of the respective States or Territories. 

Sec. 3. That in order to secure as far as practicable uniformity of methods and 
results in the work of said stations it shall be the duty of the United States com- 
missioner of agriculture to furnish forms, as far as practicable, for the tabulation 
of results of investigation or experiments; to indicate, from time to time, such 
lines of inquiry as to him shall seem most important; and in general, to furnish 
such advice and assistance as will b^t promote the purposes of this act. It shall 
be the duty of each of said stations annually, on or before the first day of Febru- 
ary, to make to the governor of the State or Territory in which it is located, a full 
and detailed report of its operations, including a statement of receipts and expend- 
itures, a copy of which report shall be sent to each of said stations, to the said 
commissioner of agriculture, and to the secreta,ry of the treasury of the United 
States. 

Sec. 4. That bulletins or reports of progress shall be published at said stations 
at least once in three months, one copy of which shall be sent to each newspaper 
in the States and Territories in which they are respectively located, and to such 
individuals actually engaged in farming as may request the same, and as far as 
the means of the station will permit. Such bulletins or reports, and the annual 
reports of said stations, shall be transmitted in the mails of the United States free 
of charge for postage, under such regulations as the postmaster general may from 
time to time prescribe. 

Sec. 5. That for the purpose of paying the necessary expenses of conducting in- 
vestigations and experiments, and printing and distributing the results as here- 
inbefore prescribed, the sum of $15,000 is hereby appropriated to each State to be 
specially provided for by Congress in the appropriations from year to year, and to 
each territory entitled under the provisions of section eight of this act, out of any 
money in the treasury proceeding from the sales of public lands, to be paid in equal 
quarterly payments on the flrstday of January , April, July and October in each year, 
to the treasurer or other officer duly appointed by the governing boards of said 
colleges to receive the same, the first payment to be made on the first day of Octo- 
ber, 1887: Provided, h owever, That out of the first annual appropriation so received 
by any station an amount not exceeding one-fifth may be expended in the erection, 
enlargement or repair of a building or buildings necessary for carrying on the work 
of such station; and thereafter an amount not exceeding five per centum of such 
annual appropriation may be so expended. 

Sec. 6. That whenever it shall appear to the secretary of the treasury from the 
annual statement of receipts and expenditures of any of said stations, that a portion 
of the preceding annual appropriation remains unexpended, such amount shall be 
deducted from the next succeeding annual appropriation to such station, in order 
that the amount of money appropriated to any station shall not exceed the amount 
actually and necessarily required for its maintenance and support. 

Sec. 7. That nothing in this act shall be construed to impair or modify the legal 
relation existing between any of the said colleges and the government of the States 
or Territories in which they are respectively located. 

Sec. 8. That in States having colleges entitled under this section to the benefits 
of this act, and having also agricultural experiment stations established bylaw sep- 
arate from said colleges, such States shall be authorized to apply such benefits to 
experiment stations so established by such States; and in case any State shall have 
established, under the provisions of said act of July second, aforesaid^ an agricul- 
tural department or experimental station in connection with any university, college 
or institution not iistinctively an agricultural college or school, and such State 
sball have established, or shall hereafter establish a separate agricultural college or 



4 EDUCATION EEPOET, 1901-1902. 

school, v/Mch sliall have connected there-with an experimental farm or station, the 
Legislature of such State m.ay apply in whole or in part the appropriation by this 
act made to such separate agricultural college or school; and no Legislature shall, 
by contract express or implied, disable itself from so doing. 

Sec. 9. That the grants of money authorized by this act are made subject to the 
Legislative assent of the several States and territories to the purpose of said grants: 
Provided, That payment of such installments of the appropriation herein made as 
shall become due to any State before the adjournment of the regular session of its 
Legislature meeting next after the passage of this act, shall be made upon the 
assent of the Governor thereof duly certified to the secretary of the treasury. 

Ssc. 10. Nothing in this act shall be held or construed as binding the United 
States to continue any payments from the treasury to any or all the States or insti- 
tutions mentioned in this act, but Congress may at any time amend, suspend or 
repeal any or all of the provisions of this act. (Approved, March 2, 1887.) 

AIT ACT To apply a portion of the proceeds of tlie pnblic lands to the more complete endow- 
ment and support of the colleges for the benefit of agriculture and the mechanic arts estab- 
lished under the provisions of an act of Congress approved July second, eighteen hundred and 
sizty-two. 

Be it enacted by the Seriate and House of Representatives of the United States 
of America in Congress assembled, That there shall be, and hereby is, annually 
appropriated, out of any money in the Treasury not otherwise appropriated, aris- 
ing from the sale of public lands, to be paid as hereinafter provided, to each State 
and Territory for the more complete endowment and maintenance of colleges for 
the benefit of agTiculture and the mechanic arts now established, or which may 
be hereafter established, in accordance with an act of Congress approved July 
second, eighteen hundred and sixty-two, the sum of fifteen thousand dollars for 
the year ending June thirtieth, eighteen hundred and ninety, and an annual 
increase of the amount of such appropriation thereafter for ten years by an addi- 
tional sum of one thousand dollars over the preceding year, and the annual amount 
to be paid thereafter to each State and Territory shall be twenty-five thousand 
dollars to be applied only to instruction in agriculture, the mechanic arts, the 
English language and the various branches of mathematical, physical, natural and 
economic science, with special reference to their applications in the industries of 
life, and to the facilities for such instruction: Provided, That no money shall be 
paid out under this act to any State or Territory for the support and maintenance 
of a college where a distinction of race or color is made in the admission of students, 
but the establishment and maintenance of such colleges separately for white and 
colored students shall be held to be a compliance with the provisions of this act if 
the funds received in such State or Territory be equitably divided as hereinafter set 
forth: Provided, That in any State in which there has been one college established 
in pursuance of the act of July second, eighteen hundred and sixty-two, and also 
in which an educational institution of like character has been established, or may 
be hereafter established, and is now aided by such State from its own revenue, 
for the education of colored students in agriculture and the mechanic arts, how- 
ever named or styled, or whether or not it has received money heretofore under 
the act to which this act is an amendment, the Legislatui-e of such State may pro- 
pose and report to the Secretary of the Interior a just and equitable division of 
the fund to be received under this act betv/een one college for white students and 
one institution for colored students established as aforesaid, which shall be divided 
into two parts and paid accordingly, and thereupon such institution for colored 
students shall be entitled to the benefits of this act and subject to its provisions, 
as much as it would have been if it had been included under the act of eighteen 
hundred and sixty-two, and the fulfillment of the foregoing provisions shall be 
taken as a compliance vvith the provision in reference to separate colleges for 
white and colored students. 

Sec. 2. That the sums hereby appropriated to the States and Territories for the 
further endowment and support of colleges shall be annually paid on or before the 
thirty-first day of July of each year, by the Secretary of the Treasury, upon the 
warrant of the Secretary of the Interior, out of the Treasury of the United States, 
to the State or Territorial treasurer, or to such officer as shall be designated by 
the laws of such State or Territory to receive the same, who shall, upon the order 
of the trustees of the college, or the institution for colored students, immediately 
pay over said sums to the treasurers of the respective colleges or other institu- 
tions entitled to receive the same, and such treasurers shall be required to report 
to the Secretary of Agriculture and to the Secretary of the Interior, on or before 
the first day of September of each year, a detailed statement of the amount so 
Teceived and of its disbursement. The grants of moneys authorized by this act 



LAWS RELATING TO LAND-GRANT COLLEGES. 5 

are made subject to the legislative assent of the several States and Territories to 
the purpose of said grants: Provided, That payments of such installments of the 
appropriation herein made as shall become due to any State before the adjourn- 
ment of the regular session of legislature meeting next after the passage of this 
act shall be made iipon the assent of the governor thereof, duly certified to the 
Secretary of the Treasury. 

SisG. 3. That if any portion of the moneys received by the designated oflicer of 
the State or Territory for the further and more complete endowment, support, 
and maintenance of colleges, or of institutions for colored students, as provided 
in this act, shall, by any action or contingency, be diminished or lost, or be mis- 
applied, it shall be replaced by the State or Territory to which it belongs, and 
until so replaced no subsequent appropriation shall be apportioned or paid to such 
State or Territory; and no portion of said moneys shall be applied, directly or 
indirectly, under any pretense whatever, to the pxirchase, erection, preservation, 
or repair of any building or buildings. An annual report by the president of 
each of said colleges shall be made to the Secretary of Agriculture, as well as to the 
Secretary of the Interior, regarding the condition and progress of each college, 
including statistical information in relation to its receipts and expenditures, its 
library, the number of its students and professors, and also as to any improve- 
ments and experiments made under the direction of any esperiment stations at- 
tached to said colleges, with their costs and results, and such other industrial and 
economical statistics as may be regarded as useful, one copy of which shall be 
transmitted by mail free to all other colleges further endowed under this act. 

Sec. 4. That on or before the first day of July in each year, after the passage 
of this act, the Secretary of the Interior shall ascertain and certify to the Secre- 
tary of the Treasury as to each State and Territory whether it is entitled to receive 
its share of the annual appropriation for colleges, or of institutions for colored stu- 
dents, under this act, and the amount which thereupon each is entitled, respec- 
tively, to receive. If the Secretary of the Interior shall withhold a certificate 
from any State or Territory of its appropriation the facts and reasons therefor 
shall be reported to the President, and the amount involved shall be kept separate 
in the Treasury until the close of the next Congress, in order that the State or 
Territory may, if it should so desire, appeal to Congress from the determination 
of the Secretary of the Interior. If the next Congress shall not direct such sum 
to be paid it shall be covered into the Treasury. And the Secretary of the Inte- 
rior is hereby charged witji the proper administration of this law. 

Sec. 5. That the Secretary of the Interior shall annually report to Congress the 
disbursements which have been made in all the States and Teri-itories, and also 
whether the appropriation of any State or Territory has been withheld, and if so, 
the reasons therefor. 

Sec. 6. Congress may at any time amend, suspend, or repeal any or all of the 
provisions of this act. (Approved, August 30, 1890.) 



ALABAMA. 

Constitution, 1875, Article XIII: Section 1. The general assembly shall estab- 
lish, organize, and maintain a system of public schools throughout the State for 
the equal benefit of the children between the ages of 7 and 21 years, but separate 
schools shall be provided for the children of citizens of African descent. [This 
provision of the constitution is inserted here, as upon it a claim was based for the 
establishment of a " University for Colored People."] 

Sec. 3. The principal of all funds arising from the sale or other disposition of 
lands or other property which has been or may hereafter be granted or intrnsted 
to this State, or given by the United States for educational purposes, shall be pre- 
served- inviolate and undiminished; and the income arising therefrom shall be 
faithfully applied to the specific objects of the original grants or appropriations. 

Sec. 3. All lands or other property * ^'' ^^ appropriated by the State for 
educational purposes '"" * ■-' shall be faithfully applied to the maintenance of 
the public schools. 

Sec. 8. No money raised for the support of the public schools of the State shall 
be appropriated to, or used for, the support of any sectarian or denominational 
school 

Sec. 9. The State university and the agricultural and mechanical college shall 
each be under the management and control of a board of trustees. * * * The 
board for the agricultural and mechanical college shall consist of two members 
from the Congressional district in which the college is located, and one from each 



6 EDITCATIOTT ESPORT, 1901-1902. 

of the other Congressional districts in the State. Said trustees shall be appointed 
by the governor, by and with the advice and consent of the senate, and shall hold 
office for a term of six years, and until their successors shall be appointed and 
qualified. After the first appointment each board shall be divided into three 
classes, as nearly as may be. The seats of the first class shall be vacated at the 
expiration of two years, and those of the second class in four years, and those of 
the third class at the end of six years from the date of appointment, so that one- 
third may be chosen biennially. No trustee shall receive any pay or emolument 
other than his actual expenses incurred in the discharge of his duties as such. 
The governor sha.ll be es-officio president, and the superintendent of education 
ex -officio member of * * * said board of trustees. 

Sec. 10. The general assembly shall have no power to change the location of 
the * * * agricultural and mechanical college, as now established by law, 
except upon a vote of two-thirds of the members of the general assembly, taken by 
yeas and nays, and entered upon the journal. 

Article IV, Legislative Department: The legislative department [of Alabama] 
shall be vested in a general assembly, which shall consist of a senate and house 
of representatives. 

Sec. 33. No money shall be paid out of the treasury except upon appropriations 
made by law, and on v/arrant drawn by the proper officer in pursuance thereof; 
and a regular statement and account of receipts and expenditures of all public 
moneys shall be published annually. 

[The following matter is taken from tlie official work entitled "The Code of Alabama, with 
such statutes passed at the session of 1896-97 as are required to be incorporated therein."— Atlanta, 
Ga., 1897.] 

Code of Alabama (1897), article 14: Sec. 3686. Incorporation of the college. 
The governor and the superintendent of education, by virtue of their respective 
offices, and the trustees appointed from the different Congressional districts of the 
States, under the provisions of section 9 of Article XIII of the constitution, and 
their successors in office, are constituted a body corporate under the name of the 
Agricultural and Mechanical College of Alabama, to carry into effect the purpose 
and intent of the Congress of the United States in the grant of lands by the act 
of July 2, 1862. 

Sec. 3687. General powers, duties, and liabilities of college. Such corporation 
shall have all the rights, privileges, an,d franchises necessary to a promotion of 
the end of its creation, and shall be charged with all corresponding duties, liabil- 
ities, and responsibilities. 

Sec. 3688. Credit of State pledged to payment of interest. For the payment of the 
interest, at the rate of 8 per cent per ann\im, on the fund of $253,500, arising from 
the sale of the scrip for the land donated in trust to this State by the act of Con- 
gi-ess of July 3, 1862, the faith and credit of the State are forever pledged. 

Sec. 3689. Powers of board of trustees. The board of trustees have the power 
to organize the college by appointing a corps of instructors, who shall be styled 
the faculty of the college, and such other instructors and officers as the interest of 
the college may require; and to remove any such instructors or officers, and to fix 
their salaries or com.pensation, and increase or reduce the same at their discretion; 
to regulate, alter, or modify the government of the college as they may deem 
advisable; to prescribe courses of instruction, rates of tuition, and fees; to confer 
such academic and honorary degrees as are usually conferred by institutions of 
similar character; and to do whatever else they may deem best for promoting the 
interest of the college. They shall also establish and maintain a military depart- 
ment in the college, and elect a commandant and s\ich other officers as may be 
necessary for the department. 

Sec. 3690. Classification of trustees. The trustees of the college are divided into 
three classes, as follows: The trustees from the fourth, fifth, seventh, and ninth 
districts shall constitute the first class; those from the eighth, sixth, and second 
districts shall constitute the second class, and those from the third and first dis- 
tricts shall constitute the third class; and they shall hold office and their seats be 
vacated as prescribed by the constitution. 

Sec. 8691. Any vacancy in the office of trustee occurring during the recess of 
the legislature shall be filled by appointment of the governor, such appointee to 
hold until, at the next session of the legislature thereafter, such vacancy shall 
be filled by the governor, by and with the consent of the senate; and any trustee 
appointed to fiU. a vacancy by the governor, by and with the consent of the senate, 
shall hold during the unexpired term. 

Sec. 3692. Time and place of meeting of trustees. The board of trustees shall 
hold their meetings at the seat of the college on the last Monday in June of each 



LAWS RELATING TO LAND-GEANT COLLEGES. 7 

year, unless the board shall in regular session determine to hold its meetings at 
some other time and place; and upon the application in writing of any four mem- 
bers of the board the governor shall appoint a special meeting, naming the time 
and place thereof, and cause notices thereof to be issued to the several members 
of the board, but such meeting shall not be appointed for a day less than tv?-enty 
days subsequent to the date of the notice. 

Sec. 3898. Quorum of board of trastees. Sis members of the board of trustees 
shall constitute a quorum, but a smaller number may adjourn from day to day 
until a quorum is present. 

Sec. 3G84. The certiiicate of the president of the board or in his absence of the 
president iDro tempore, countersigned by the secretary, shall entitle the several 
trustees to the payment of their actual expenses incurred in the discharge of their 
duties as such trustees. 

Sec. 3895. No grant or gift, by will or otherwise, shall fail on account of any 
misnomer or informality, when the intent of the grantor or donor can be arrived 
at; nor shall any default, malfeasance, or misfeasance, or nonuser on the part of 
the trustees or other oincers or agents of such corporation, vfork a forfeiture of 
any of its rights, privileges, powers, or franchises. 

Sec. 3696. It shall be the duty of the board of trustees to make or cause to be 
made to the general assembly, at each session thereof, a full report of their trans- 
actions, and of the condition of the college, embracing an itemized account of all 
receipts and disbursem.ents on account of the college by those charged with the 
administration of its finances. 

Sec. 3697. Interest paid by treasurer; when bond required of ofiicers or agents. 
The State treasurer must pay the interest on the fund of $353,500 arising from 
the saie of land scrip quarterly, as the same may accrue, to the treasurer or other 
authorized agent or officer of the college; and on the application of such treasurer, 
agent, or officer, the auditor shall draw his warrant on the State treasurer for such 
interest; but in no case shall any person be authorized to receive, hold, or dis- 
burse any fund of the college without having first given bond conditioned for the 
faithful performance of his duties. 

Sec. 398. Experiment station of agricultural and mechanical college. The 
trustees of the "agricultural and mechanical college m.ay establish and maintain 
an agricultural experiment station, at which careful experiments in scientific agri- 
culture shall be made; the results whereof shall be furnished the commissioner 
[of agriculture] monthly, and he shall make publication thereof as often as he 
may deem, necessary; and if such station is established and maintained, the trus- 
tees of the college shall ca,use, without charge therefor, an analysis to be made of 
all fertilizers submitted by the com.m.issioner for analysis; and one-sixth of the 
net proceeds arising from the sale of fertilizer tags shall be paid quarterly to the 
treasurer of the agricultural and mechanical college on the approval of the gov- 
ernor and of the commissioner, to be disbursed under the direction of the board 
of trustees for the development of the agricultural and mechanical department of 
the college. 

Sec. 399. A branch agricultural experiment station, for the purpose of conduct- 
ing and making experiments in scientific agriculture, is established and located 
at or near Uniontown, in Perry County, known as the Canebrake Agricultural 
Experiment Station. 

Sec. 400. The station is under the general supervision and control of a board 
composed of the commissioner of agriculture, the director of the experiment sta- 
tion at the agricultural and mechanical college, and five progressive farmers to 
be appointed by the governor, who are actually engaged in cultivating canebrake 
land, three of whom must reside within 10 miles of the station, and who must not 
receive any compensation other than expenses actually incurred in visiting the 
station, and, while there, supervising its affairs. 

Sec. 401. The board has authority to purchase suitable lands, not exceeding in 
quantity 40 acres, for the use of the station, taking the title to the State, and to 
construct thereon the necessary buildings and other improvements, not expending 
more than $2,000 in making such purchase and in the construction of such build- 
ingS( and improvements. The board has authority also to aijpoint and to discharge 
at pleasure such officers, agents, or servants as are deemed necessary to the opera- 
tion of the station, fixing their compensation; and may appoint a director to con- 
duct and control the operations of the station, under the superintendence and 
direction and subject to the rules and regulations of the board, and may pay such 
director a reasonable salary, not to exceed $250 per annum. 

Sec. 402. The board must cause such experiments to be made at the station as, 
will advance the interests of scientific agriculture, particularly on canebrake 
lands, and to cause such chemical analyses to be made as are deemed necessary, 



8 EDUCATION BEPORT, 1901-1902. 

all such analyses, if requested, to be made tinder the supervision of the commis- 
sioner of agriculture by the chemist of the agricultural department without 
charge. 

Sec. 403. The expenses of the canebrake agricultural experiment station, not 
exceeding $2,500 annually, must be paid out of the funds of the agricultural 
department to the treasurer of the board of control in equal quarterly installments 
on the 1st days of January, April, July, and October. 

Ssc. 404, A branch agricultural experiment station and school is established at 
Athens, Limestone County, in the Eighth Congressional district, known as the 
North Alabama Agricultural Experiment Station and School; another at Abbe- 
ville, Henry County, in the Third Congressional district, known as the Southeast 
Alabama Agricultural Experiment Station and School; another at Albertville, 
Marshall County, in the Seventh Congressional district, known as the Northeast 
Alabama Agricultural Experiment Station and School; another at Evergreen, 
Conecuh County, in the Second Congressional district, known as the Southwest 
Alabama Agricultural Experiment Station and School; another at Hamilton, 
Marion County, in the Sixth Congressional district, known as the Sixth District 
Agricultural Experiment Station and School; another at Blountsville, Blount 
County, in the Mnth Congressional district, known as the Ninth District Agri- 
cultural Experiment Station and School; and three additional agricultural ex- 
periment stations and schools, to be located by the governor, commissioner of 
agriculture, and superintendent of education, may be established in the First, 

Fourth, and Fifth Congressional districts, respectively, to be known as the 

District Agricultural Experiment Station and School, respectively, whenever the 
inhabitants of the district shall convey to the State for the use of such "stations 
and schools, respectively, not less than 80 acres of land, with suitable school 
buildings thereon of not less than $5,000 in value as approved by the commissioner 
of agriculture. [On the 9th of December, 1886, the foregoing was amended as 
follows:] No school or experiment station shall be established in either [any?] 
of said Congressional districts until such district or the citizens thereof shall 
donate and convey to the State for the use of such station and school real estate 
and buildings not less than |5,000 in value, to be approved by the commissioner 
of agriculture: Provided, etc., [The matter being local in application and of detail.] 

Sec, 405. Each of such stations is under the supervision of a board of control, 
appointed by the governor, to be composed of five members, a majority of whom 
shall be men whose principal business is farming, who shall be residents of the 
respective Congressional district wherein the school for which they are appointed 
is located, and the superintendent of education and the commissioner of agricul- 
ture shall be ex officio members of such board of control. Such board of control 
may appoint an executive committee composed of not less than three members of 
such board, who shall exercise such powers consistent with the acts creating the 
said school as are conferred upon them by the lx)ard of control. Of the five mem- 
bers of each board of control appointed by the governor, one shall be appointed 
for two years, two for four years, and two for sis years from the dat« of their 
respective appointments, and as their terms expire the governor shall fill the vacan- 
cies, and the members appointed to fill such vacancies shall hold for six years from 
their appointments. And the governor, whenever he deems such action necessary 
or expedient, shall have authority to remove the board of control of any school or 
any member of such board. The members of said board must not receive any 
compensation other than traveling expenses actually incurred in attending meet- 
ings of the board of control. 

Sec. 406. For the suT)port of the nine branch agricultural schools and experiment 
stations, located in the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, 
and Ninth Congressional districts, respectively, in the State of Alabama, there 
shall be appropriated annually out of the agricultural fund tlie sum of $3,500 to 
each of said schools, one-fourth of such sum to be paid quarterly, to wit, January 
1, April 1, July 1, and October 1 of each year, to the treasurer of the board of con- 
trol of such schools, provided there is so much of said fund not other^vise appro- 
priated; and if such fund is not sufficient to pay to each of said schools the said 
sum of $2,500, then the same is to be equally divided among said schools. 

Sec. 407. Not less than $500 of the siim so appropriated to each of said schools 
shall be used in maintaining, cultivating, and improving the farms, respectively, 
and making agricultural expeiiments thereon, Tinder and by direction of the 
respective boards of control. 

Ssc. 408. The treasurer of the board of control shall give bond payable to the 
board of control, in the sum of at least $1,000, conditioned to faithfully keep and 
disburse the funds of the schools, and such board of control may require an addi- 
tional bond at any time it may deem necessary. 



LAWS RELAITOG TO LAND-GRANT COLLEGES. 9 

Sec. 400. The president or principal of each of said schools shall be the director 
of the respective school and station in vv^hich he is employed, and he shall person- 
ally siiperiiit/cnd the making of snch experiments as will advance the interests of 
scientific agTictilttire and cause such chemical analyses to be made as are deemed 
necessary, and perform such other duties in reference to such exxjcriment stations 
as shall be required of him by the board of control. 

Sec. 410. The president and board of control of said agricultural schools and 
experiraent stations shall, from time to time, prepare bulletins of information for 
farmers and reports of agi'icultural experiments conducted by them and answers 
to questions that may be asked them in practical farming and veterinary diseases, 
including condensed I'eports of the experiment station at Uniontown, aiid publish 
the same in all the weekly newspapers piTblished in their respective Congressional 
districts v^hose publishers y»'ill insert the same free of charge. 

Sec. 411. It shall be the duty of the president or principal of each of said 
schools to make to the superintendent of education, on or before September 80 of 
each year, a full report of the financial condition, workings, and progress of said 
school, embracing an itemized account of all receipts and disbursements of money 
appropriated to such schools by this article, and a like report to the commissioner 
of agriculture of the condition, expenses, and workings of the esijeriment station 
connected with such school. 

Sec. 413. It shall be the duty of the president and principal of each of such 
schools to report in writing quarterly to the board of control an itemized account 
of all incidental or matriculation fees, and all other moneys received by him as 
such president or principal, together with the disposition of the same. He shall 
give receipts for all moneys received and take receipts for all moneys disbursed 
by him. 

Sec. 413. Scientific and practical agriculture shall be taught at all the agricul- 
tural schools, and all male pupils over 10 years of age who receive free tuition 
therein shall be required to take the course in scientific agriculture and horticul- 
ture, and all other pupils over the age of 10 years receiving free tuition shall be 
required to take the course in floriculture and horticulture. 

Sec. 414. None of the said schools shall receive the appropriations provided for 
in this article or any part thereof unless such school shall be actually conducting 
an agriciiltural experiment station and agricultural school, wherein such experi- 
ments are made as will tend to advance the interests of scientific farming. 

Sec. 415. The board of control and president of the faculty of said schools shall 
adopt a coxirse of study with a view to educating and training pupils for teachers 
in the public schools of this State, which course of study shall embrace the dif- 
ferent grades adopted by the State; to grant certificates of proficiency or diplo- 
mas to such puiDils as shall complete the course of study so adopted: Provided, That 
such certificates of proficiency or diplomas shall not entitle the holder to teach in 
the piiblic schools of the State without examination. 

Sec. 416. The commissioner [of agriculture] is authorized and directed to adopt 
annually such measures as may be necessary to successfully conduct in difiierent 
sections of the State farmers' institutes, consisting of lectures on subjects related 
to agriculture by persons of scientific attainments, and by practical and success- 
ful farmers, with discussions relating thereto, and of sxich exhibitions as rnaybe 
found improving, instructive, and of practical value to the farmers of the vicinity 
where such institutes are held, a report of wliich, with a detailed statement of the 
m.oney expended in that connection, must be embodied in his annual report. 

Sec, 417. The commissioner is authorized to pay the necessary expenses incurred 
in conducting such farmers' institutes, including the expense of employing lec- 
turers when necessary and for distributing the reports thereof, and for this 
purpose there is annually appropriated out of the funds of the department of agri- 
culture $3,000, or so much thereof as may be necessary, to be paid from the 
m.onthly estimate and allowance for expenses of the department. 

Sec. 396. All moneys received by the depai-tment from fees for licenses, from 
sales of tags, from fees for the registration of lands for sale, or from any other 
source must be paid into the State treasury monthly. 

Act approved February 15, 1897: 

Section 1. A branch agricultural experiment station and agricultural school 
for the colored race is "hereby established and located at Tuskegee, Macon 
County, to be run in connection with the Tuskegee Normal and Industrial 
Institute, and to be known as the Tuskegee Agricultural Experiment Station and 
Agricultural School. 

Sec. 2. The board of control of said station and school shall be composed of 
the Sta,te commissioner of agriculture, the president of the Agricultural and 
Mechanical College, and the director of the State experiment station at Auburn, 



10 , EDUCATION EEPOET, 1901-1902. 

Ala., and the meinbers of tlie board of trustees of the Tuskegee Normal and 
Industrial Institute who reside in the town of Tustegee, and their successors, 
who shall also reside in the town of Tuskegee, Ala. The members of said board 
shall not receive any compensation other than expenses actually incuri'ed in 
visiting the station and school and while there supervising its affairs. 

Sec, 3. The said board of control shall have power to elect the dii-ector, 
teachers, and such other officers, agents, and servants as are deemed necessary to 
the operation of the said station and school, fixing their compensation, and shall 
manage said school and station as in their judgment they think best. 

Sec, 4. For the equipment and improvement of said station and school there is 
hereby appropriated out of the agricultural fund in the treasury, not otherwise 
aijpropriated, the sum of $1,500, one-fourth of said sum to be paid quarterly to 
the treasurer of said board of control, who shall give bond in double the amount 
of the appropriation, for the safe-keeping and faithful application of the sum 
appropriated, the bond to be approved by the judge of probate of Macon County 
and filed in his office, a certified copy of which shall be forwarded to the com- 
missioner of agriculture, to be placed on file in his office. 

Sec, 5, The trustees of the said Tuskegee Normal and Industrial Institute shall 
furnish for the use of said station and school all the necessary lands and build- 
ings, and for such use they shall make no charge against the State of Alabama. 

Sec. 6. The board of control must cause such experiments to be made at said sta- 
tion as will advance the interest of scientific agiiculture, and must cause such chem- 
ical analyses to bejnade as are deemed necessary. All such analyses, if requested, 
are to be under the supervision of the commissioner of agriculture by the chemist 
of the agricultural department without charge. 

Sec. 7. The board of control may adopt such rules and regulations as they may 
deem necessary for the purpose of carrying out the provisions of this act, so that 
the colored race may have the opportunity of acquiring an intelligent and prac- 
tical knowledge of agriculture in all its various branches. 

Sec, 8. It is the purpose of this act to appropriate to the support of the experi- 
ment station established by this act; the sums appropriated in this act are appro- 
priated only for the purpose of maintaining and operating experimental stations 
with the view of educating and training colored students, as herein named, in sci- 
entific agriculture. 

Sec. 9. The Alabama State Normal School for Colored Students, at Montgomery, 
is hereby constituted an experiment station and shall be under its present board 
of trustees, and $1,000 per annum is hereby appropriated out of the treasury to 
the credit of the agricultural department, not otherwise appropriated, for the pur- 
pose of operating an experiment station in connection with said Alabama State 
Normal School for Goloi-ed Students, at Montgomery. 

Act approved February 13, 1891. 

Section 1. Inasmuch as by the act of Congress for the more complete endow- 
ment and support of the colleges for the benefit of agriculture and the mechanic 
arts, approved August 30, 1890, the grants of money authorized by said act are 
made subject to the legislative assent of the several States and Territories to the 
purpose of said grants, it is hereby declared that the assent of the general assembly 
of the State of Alabama is given to the purpose of the grants made in said act of 
Congress; and the trustees of the institution receiving said grants are hereby 
directed to comply with the terms and conditions expressed in the act aforesaid, 
using all moneys received under said act of Congress faithfully for the purposes 
named therein. 

Sec. 2, The division of the fund.to be received under said act approved August 
30, 1890, between one college for white students and one institution for colored 
students shall be based from year to year upon the ratio of the number of each 
race of legal school age to the population of school age in the State of Alabama, 
as shown by the State school census next preceding the annual payment of said 
fund by the United States Treasury, said ratio being, for the year 1888-9, white 
(56.6) fifty-six and six-tenths per cent, colored (43.4) forty-three and four-tenths 
per cent; it being provided that the division may be at any time modified by 
the written consent of the Secretary of the Interior of the United States and the 
governor of Alabama. 

Sec. 3. That portion of the grant of money received by the State of Alabama 
under said act of Congress approved August 30, 1890, herein set apart for the edu- 
cation of white students, is appropriated to the Agricultural and Mechanical Col- 
lege of Alabama, at Auburn, and that portion of the said grant herein set apart 



LAWS I^ELATING TO LAND-GRANT COLLEGES. 11 

for tho education of colored students is ai)propriatGd to tlie Huntsville State 
Colored Normal and Industrial School. 

Shc. 4 . That the money appropriated in this act to the Agricultural and Mechan- 
ical College, at Auburn, and to the Huntsville State Colored Normal and Indus- 
trial School shall he drawn from the State treasury, as ordered by the trustees 
of the said institutions, on the warrant of the auditor, api)roved by the governor. 
(ApiJroved February 13ili, 1891.) 

AKIZONA. 

[Tlio folio-wing matter is taken from the Revised Statutes of Arizona Territory, 1901.] 

Sec. 3625. There shall be established in this Territory, at or near the city of 
Tucson, in the county of Pima, upon the grounds secured for that purpose, in the 
manner hereinafter provided, an institution of learning under the name of the 
" University of Arizona." 

Sec. 3636. The object of the university shall be to provide the inhabitants of 
this Territory with the means of acquiring a thorough knowledge of the various 
branches of literature, science, and the arts. 

Skc. 3837. The government of the university shall vest in a board of regents, to 
consist of a president and three members, who shall be appointed as hereinafter 
provided, and the Territorial superintendent of public instruction and the gov- 
ernor of the Territory* shall, during their respective terms of office, be members of 
said board. 

Sec. 3638. The members of the board of regents shall be appointed by the gov- 
ernor of the Territory, by and with the advice and consent of the council, tvfo- 
thirds of the members of council concurring therein, and shall hold their offices, 
respectively, except those appointed to the first board, for the term of four years 
from the first Monday of August succeeding their appointment and until tho 
appointment of a successor. 

Sec. 3630. The regents of the university and their successors in office shall con- 
stitute a body corporate with the name and style of the ' ' Board of regents of the 
University of Arizona," and by that name they and their successors shall be 
known in law; have perpetual succession; may sue and be sued; may purchase, 
receive, and hold property, real and personal, for the benefit of the Territory of 
Arizona and the use of said university; of contracting and being contracted with; 
of making and using a common seal, and altering the same at pleasure. 

Sec. 3631. Before entering upon the discharge of the duties of regent each of 
the members of said board of regents shall execute a bond, with two or more 
sufficient sureties, to be approved by the governor, in the penal sum of $5,000, and 
take and subscribe an oath of office similar to the oath required of other Terri- 
torial officers, which bond and oath shall be filed and kept in the office of the 
Territorial treasurer. 

Sec. 3633. The regents shall appoint a secretary, a treasurer, and a librarian, 
each of whom shall hold office during the pleasure of the board. It shall be the 
duty of the secretary to record all the proceedings of the board, and carefully to 
preserve all its books and papers, and to perform such other duties pertaining to 
his office as the board of regents may from time to time require. The treasurer shall 
keep a true and faithful account of all moneys received and paid out by him, and 
shall give such bonds for the faithful i5erf ormance of the duties of his office as the 
board of regents may require. The board of regents shall appoint one of its mem- 
bers treasurer and one of its members secretary, but no one member shall be 
appointed to both the said offices of treasurer and secretary. The secretary shall 
receive in full for all compensation as such secretary the sum of $15 per month. 
No compensation shall be paid to the treasurer. 

Sec. 8633. The board of regents shall have power, and it shall be their duty, to 
enact laws for the government of the university; to elect a chancellor, who shall 
be ex officio president of the board of regents, and when the chancellor is absent 
from any meeting of the board, the board may appoint a president pro tern.; they 
may also appoint and employ the requisite number of professors and tutors, and 
such other officers and employees as they may deem expedient, and they shaH. also 
determine the amount of their respective salaries. 

Sec. 3634. The university shall consist of five departments: 

1. The department of science, literature, and the arts. 

3. The department of theory and practice, and elementary instruction. 

3. The department of agriculture. 

4. The normal department. 

5. The department of mineralogy and school of mines 



12 EDUCATION ESPCST, 1901-1902. 

Tne immediate government of tlie several departments shall be intrusted to their 
respective faculties, but the board of regents shall have the power to regulate the 
course of instruction, and prescribe, under the advice of the holders of the pro- 
fessorships, the books to be used and authorities to be followed in the several depart- 
ments, and also to confer such degrees and grant such diplomas as are usually 
conferred and granted by other universities. 

Sec. 3635. The board of regents shall have power to remove any officer or 
employee connected v/ith the institution, other than the chancellor or member of 
the board of regents, when, in their judgment, the interests of the university 
require it. 

Sej. 3636. The fee of admission to the university shall never exceed the sum of 
|30, and the charge for tuition in any of the departments shall never exceed in 
one year, to the residents of the Territory, $50, and as soon as the increase of the 
university fund will permit, the tuition in the first and second departments shall 
be without charge to all students in the same who are residents of the Territory. 

Sec. 3637. The board of regents are authorized to expend such portion of the 
income of the uniA^ersity fund and the funds hereinafter provided for said uni- 
versity as they may deem expedient for the erection of suitable buildings upon 
the grounds hereinafter provided for, and the purchase of apparatus, a library, 
and cabinet of natural history and mineralogy. 

Ssc. 3638. The board of regents shall make a report annually to the governor 
of the Territory on or before the 2d day of January of ea£;h year, exhibiting the 
state and progress of the university in its several departments, the course of study 
followed, the number of professors employed and of students in attendance, the 
amount of receipts and expenditures, and such other information as they may 
deem proper. Meetings of the board may be called in such manner as the board 
of regents may prescribe, and any two of them, with the chancellor, at a meeting 
regularly called, shall be a quorum for the transaction of business, and a less num- 
ber may adjoiirn from time to time. No sectarian tenets, opinions, doctrines, or 
principles shall be taught in any of the departments of said university, nor shall 
adhesion to any sectarian tenet or opinion be required to entitle any person to be 
admitted as a student in said university, and no such tenets or opinions shall be 
required as a qualification for any person as a regent, tutor, or professor of such 
university. 

Ssc. 3639. The compensation of said board of regents shall be $5 per day each 
for each day's actual attendance upon said board, and 10 cents per mile for each 
mile actually traveled to and from the place of meeting: Provided, That only one 
mileage shall be allowed each member for each session: A7ul provided. That no 
member of said board shall receive compensation in any one year exceeding the 
sum of |150. 

Sec. 3640. For the support of said university, in addition to the provisions here- 
inbefore m-ade, there shall be, and is hereby, appropriated the proceeds from the 
sale of all lands that have been or may hereafter be granted by the United States 
to the Territory for university purposes, or of any moneys granted by the same 
for like purposes, and the proceeds of all lands, money, or other property given 
by individuals or appropriated by the Territoi-y for the like purpose, all of which 
shall be and remain a perpetual fund, the interest or income of which, together 
with tlie rents of all such lands as may remain unsold, shall be inviolably appro- 
pi-iated and annually applied to the specific object of the original gift, grant, or 
appropriation; and no such money, property, or proceeds shall under any pretense 
be applied, used, or loaned for any ases or purx^oses whatsoever. 

Sec. 8642. There shall be a Territorial museum for the collection and preserva- 
tion of the archffiological resources, specimens of the mineral wealth, and the 
flora and fauna of the Territory. 

Sec. 3643. The regents of the university shall direct and manage the affairs of 
the museum. 

Sec. 3644. There shall be set apart in the rooms of the Territorial university a 
sufficient amount of space to accommodate such articles as may be received for 
the Territorial museum, which shall be under the direct supervision of the board 
of regents of the university. 

Sec. 3649. Whenever hereafter any student of the University of Arizona shall 
be expelled by the faculty or board of regents of said university, the said student 
so expelled shall be required to give up to the said board of regents his cadet's 
uniform. 

Sec. 3650. The board of regents is authorized, and is hereby required, iipon the 
surrender of the cadet's uniform by any stiident or cadet expelled, to pay, out of 
any moneys on hand in the ' ' University of Arizona fund ' ' not otherwise appro- 



LAVfS KELATIKG TO LAND-GEANT COLLEGES. 13 

priated, the cost price of said tiniform, the money to be paid to the parent or 
guardian of said stiident or cadet. 

Sec. 3651. Any student or cadet of said University of Arizona who has heen 
expelled from the said tiniversity and after said expulsion is found wearing a 
cadet's uniform in any public place is guilty of a misdemeanor, and on conviction 
therefor subject to a fine of not less than $10 and, in default of the payment of 
the fme, to five days' imprisonment in the county jail. 

Sec. 3652. There shall be levied annually, in addition to all other taxes directed 
to be levied and collected, a tax of three-fifths instead of two-fifths of a m.ill, as 
heretofore provided by law, on each $1 of assessed value of all real and personal 
property in the Territory of Arizona, and, when collected, to be placed by the Ter- 
ritorial treasurer in the fund known as the university fund. The Territorial 
auditor shall certify the rate of tax as above stated to the several boards of super- 
visors throughout the Territoi-y, and said board of siapervisors are hereby directed 
and required to enter such rate on the assessment rolls of their respective counties 
in the same manner and with the same effect as is provided by law in relation to 
other Territorial or county taxes. The tax levied under the authority of the pro- 
visions of this act is hereby made a lien against the property assessed, which lien 
shall attach on the first Monday in February in each year, and shall not be satisfied 
or removed until such tax is paid. 

Sec. 3653. The board of regents of the University of Arizona are authorized to 
expend such portion of the university fund and such other funds as may be pro- 
vided for the said university as they may deem expedient for the erection and fur- 
nishing of suitable buildings and the support and maintenance of said university. 

Sec. 3054. The Territorial auditor is hereby authorized and directed to draw his 
warrant on the Territorial treasurer for all claims approved and allowed by the 
said board of regents under the provisions of this act, and the Territorial treas- 
urer is hereby authorized and. directed to pay said warrants out of any moneys in 
the university fund. 

Sec. 3655. For the purpose of carrying out the provisions of this act a loan of 
$25,000 is hereby authorized to be negotiated and made on the faith and credit of 
the Territory of Arizona and to bear interest at the rate of 5 per cent per annum. 

Sec. 3656. The treasurer of the Territory of Arizona is hereby authorised and 
directed to issue and deliver to said "board of regents of the University of Ari- 
zona," and said board of regents are hereby authorized to sell not exceeding $25,000 
of the bonds of this Territory, bearing interest at 5 per cent per annum, which 
interest shall be payable annually in gold coin of the United States on the first 
Monday in January in each year at the ofiice of the Territorial treasurer. The 
principal of said bonds shall be, and is, expressly made payable in gold coin of the 
United States, within twenty years after the date of their issue, and shall be of 
such denomination as the said board of regents shall direct, and shall bear the 
date of their issue and shall be signed by said treasurer of the Territory of Arizona 
and countersigned by the president of said board of regents in his official capacity, 
and shall have the seal of the said board of regents affixed thereto, and the faith 
of the Territory of Arizona is hereby pledged for the payment of said bonds and 
the interest accruing thereon, as herein provided. 

Sec. 3657. Coupons for the interest accruing on said bonds shall be attached 
thereto severally, so that they may be removed without injury or mutilation to 
the bond. Said coupons shall be consecutively numbered, and shall bear the 
number of the bond to which they are attached, and shall be signed by the Terri- 
torial treasurer. 

Sec. 3658. Said bonds shall be prepared and signed by the treasurer of the 
Territory of Arizona, with said coupons a.ttached thereto, and delivered to said 
board of regents of the University of Arizona a,t any time hereafter and as soon 
as practicable after said treasurer shall have been requested by said board of regents 
so to do, taking receipt of said board therefor. 

Sec. 3859. The expense incurred by the Territorial treasurer in having said 
bonds prepared shall be paid out of the general fund of the Territory, from any 
money therein not otherwise appropriated, to be expended only upon warrants 
drawn by the Territorial auditor upon the certificate of the Territorial treasurer 
that the expense has been incurred and that the claim is just. 

Sec. 3660. It shall be the duty of the Territorial treasurer to keep and transmit 
to his successor a, permanent record of all bonds issued under the provisions of 
this act, and it shall be the duty of said board of regents of the University of Ari- 
zona also to keep a permanent record in the office of said board and of all bonds 
sold, the name of the purchaser, and price received by said board under the pro- 
visions of this act, and transmit to the governor a certified copy of said record as 
soon as said bonds shall have been sold. 



14 EDUCATION HEPORT, 1901-1902. 

Sec. 3661. The Isoard of regents of the University of Arizona is hereby aiithor- 
ized to demand of and receive from the treasurer the bonds authorized by this 
act to be issued and sold, or such part of the same as in the judgment of this 
board shall be necessary to carry out the purposes of this act, and after the same 
shall have been countersigned by the chancellor of the University of Arizona the 
said board of regents is hereby authorized to sell said bonds for the purpose of 
constructing and furnishing upon the grounds of the university the necessary 
buildings to provide proper accommodations for a museum, a library, and admin- 
istrative ofnces of the university. Any moneys received by said board from the 
sale of bonds and not expended under the provisions of this act for constructing 
and furnishing said buildings as herein required shall be paid into the Tei-ritoi-ial 
treasury, and by the treasurer placed in the university funds by this act created. 

Sec. 3662. Before the sale of any of said bonds the said board of regents shall 
cause notice of such sale" to be published in four daily newspapers published in 
English, one at the city of Ne^ York, State of New York; one at the city of San 
Francisco, State of California; one at the Territorial capital, and one at the city 
of Tucson, in said Territory. Such notice shall specify the amount of bonds to 
be sold, the rate of interest they shall bear, the place, day, and hour of sale, and 
that sealed proposals will be received by said board of regents within one month 
from the expiration of such publication, and that none of said bonds will be sold 
for less sum than their par value; and at the place, on the day and hour named 
in said notice, the board of regents shall open all sealed proposals received by it, 
and shall award the purchase of said bonds to the highest bidder or bidders there- 
for: Provided, That such bid shall not be for a less sum than the par value of 
said bonds: And provided furtlier , That said board of regents may reject any and 
all bids if they deem it to the advantage of the Territory: And provided further, 
That if none of said bids are accepted said board of regents shall again advertise 
said bonds for sale and proceed as hereinbefore provided under fresh notice of 
sale. 

Sec. 3663. For the payment of the interest on the bonds issued under this act, 
after such bonds shall have been issued, there is hereby levied annually, in addi- 
tion to all taxes otherwise directed to be levied and collected, a tax of one-half 
cent on each $100 of the assessed value of all real and personal property in the 
Territory of Arizona, to be placed by the Territorial treasurer in a fund to be 
known as the " University interest fund;" and commencing ten years thereafter 
there shall be in like manner annually levied and collected such an additional 
amount as shall pay $3,500 of the principal of said bonds and any amount of 
interest accrued thereon and remaining unpaid by said interest fund, to the end, 
intent, and purpose that all of the principal and interest of said bonds shall be 
fully paid during the period of twenty years from the date of their issuance. The 
Territorial auditor shall certify the rate of tax computed by him to the several 
boards of supervisors throughout the Territory necessary to raise the required 
amount for the redemption of the bonds as above stated, and the said boards of 
supervisors are hereby directed and required to enter such rate on the asses^sment 
rolls of their respective counties, in the same manner and with the same effect as 
is provided by law in relation to other Territorial and county taxes. Every tax 
levied under the provisions or authority of this act is hereby made a lien against 
the property assessed, which lien shall attach on the first Monday in February in 
each year, and shall not be satisfied or removed until such tax has been paid. All 
moneys derived from taxes authorised by this section shall be paid into the Ter- 
ritorial treasury and shall be applied: 

1. To the payment of interest on the bonds issued by the provisions of this act. 

2. To the payment of the principal of such bonds: Provided, That all moneys 
remaining in the Territorial treasury, after the payment of the interest and prin- 
cipal in each year thereafter, as herein provided, after the issuance of any bonds 
under this act, shall be transferred by the Territorial treasurer to a fund which 
shall bo known as the " University fund," and the Territorial treasurer is hereby 
authorized and directed to open a separate account with, and keep said moneys 
so transferred to said fund, and all other moneys which are paid into said fund, - 
separate, and apply the same only in payments of the expenses of the mainte- 
nance of said university. 

Sec. 3664. Whenever, after the expiration of ten years from the issuance of 
any bonds under this act, there remains after the payment of the interest, as pro- 
vided in this section, a surplus of $3,500 or more, it shall be the duty of the Terri- 
torial treasurer to advertise for the space of one month in like manner as said 
board of regents of university advertise for bids, as set forth in section 3663 herein, 
which advertisement shall state the amount in the sinking fund and the number 
of bonds, numbering them in order of their issuance, commencing at the lowest 



LAWS EBLATING TO LAND-GRANT COLLEGES. 15 

number then outstanding, wliicli such ftind is set apart to pay and discharge, and 
if snch bonds so nnmbered in snch advertisements shall not be presented for pay- 
ment and cancellation at the espiration of snch publications, then snch fond shall 
remain in the treasury to discharge such bonds whenever presented, but they shall 
dravv no interest after the expiration of such publication. Before any such bonds 
shall be paid they shall be presented to the Territorial auditor, who shall indorse 
on each bond the amount due thereon, and shall write across the face of each bond 
the date of its surrender and the name of the person surrendering the same. 

Sec. 3665. The Territorial treas^^rer shall keep a full and particular account 
and record of ail his proceedings under this act, and of the bonds redeemed and 
surrendered, and he shall submit to the governor an abstract of all his proceed- 
ings under this act with his annual report, to be by the governor laid before'fhe 
legislature biennially, and all books and papers pertaining to thematter provided 
in this act shall at all times be open to the inspection of any party interested, or 
the governor, or a committee of either branch of the legislature, or a joint com- 
mittee of both. 

Sec. 3668. It shall be the duty of the Territorial treasurer to pay the interest on 
said bonds when the same falls due, out of the interest fund, if sufficient, and if 
said fund be not sufficient, then to pay the deficiency out of the general fund: 
Provided, That the Territorial auditor shall first draw his warrant on the Territo- 
rial treasurer, payable to the order of said treasurer, for the amount of interest 
money alsout to become due and payable out of the general fund, which said 
interest warrant shall be drawn at least one month previous to the maturing of 
the interest. 

SsG. 3667. This act shall take effect immediately, subject, however, to its approval 
and ratification by the Congress of the United States. 

ARKANSAS. 

Constitution (1874), Article XIV: Sec. 2. No money or property belonging to 
the public-school fund, or to this State for the benefit of schools or universities, 
shall ever be used for any other than the respective purposes to which it iDelongs. 

[The following matter is taken from A Digest of tlie Statutes of Arkansas, Embracing all 
Laws of a Q-eneral Nature in force at the Close of the Session of the General Assembly of 1893, 
by Sanders and Hill. Columbia, Mo., 1894.] 

Sec. 4054. By an act of the general assembly of January 31, 1867, the State of 
Arkansas signified and declared her assent to the grant of land and land scrip 
authorized and contained in the acts of Congress approved July 2, 1862, and July 
23, 1866, which terms and conditions were as follows: 

First. The State of Arkansas will replace any portion of the fund provided by 
section 4 of said act, or any portion of the interest thereon, which shall by any 
action or contingency be diminished or lost, so that the capital fund shall remain 
forever undiminished, and will apply the annual interest thereon regularly, with- 
out diminution, to the purposes mentioned in the fourth section of the said act of 
Congress, subject only to the exception contained in section 5 of the act last 
referred to. 

Second. The State of Arkansas, further assenting, agrees that no portion of said 
fund, nor the interest thereon, shall be applied, directly or indirectly, under any 
pretense whatever, to the purchase, erection, preservation, or repair of any build- 
ing or buildings. 

Third. The State of Arkansas further agrees to provide at least not less than one 
college, as prescribed in the fourth section of said act of Congress, and in accord- 
ance vnth the act amendatory of said act, and also to pay the United States the 
amount received of any lands previously sold to which the title of pui'chasers was 
valid. 

Fourth. The State of Arkansas further agrees that an annual report shall be 
made regarding the progress of each college, in accordance with paragraph 4 of 
section 5 of said act of Congress of July 2, 1862. 

Sec. 4055. By an act of the general assembly of March 7, 1889, the State of 
Arkansas accepted the appropriation and assented to the terms contained in an act 
of Congress approved March 2, 1887, entitled "An act to establish agricultural 
experiment stations in connection with the colleges established in the several States 
under the provisions of an act approved July 2, 1863, and of the acts supplementary 
thereto. ' ' The sum of $1 5 ,000 per annum was appropriated by said act of Congress 
for the maintenance and necessary expenses of such agricultural experiment sta- 
tions, and the said sum was appropriated by the aforesaid act of the general assem- 
bly to the Industrial University. By the aforesaid act of the general assembly the 



16 EDUCATION EEPOET, 1901-1902. 

said appropriation -was accepted and assented to in trust for the nses and pnr- 
poses expressed in the aforesaid act of Congress set forth in the sncceeding section. 

Sec. 4056. It shall be the object and dnty of said experiment stations to conduct 
original researches or verify experiments on the physiology of plants and animals, 
the diseases to which they are severally subject, -with the remedies for the same; 
the chemical composition of nsefiil plants at their different stages of growth; the 
comparative advantages of rotative cropping as pursued under a varying series of 
crops; the canacity of new plants or trees for acclimation; the analyses of soils and 
waters; the chemical composition of manures, natural or artificial, with experi- 
ments designed to test their comparative effects on crops of different kinds; the 
adaptation and value of grasses and forage plants; the composition and digesti- 
bilit/ of the different kinds of food for domestic animals; the scientific and eco- 
nomic questions involved in the production of biitter and cheese, and such other 
researches or experiments bearing directly on the agricultural industry of the 
United States as may in each case be deemed advisable, having due regard to the 
varying conditions and needs of the respective States or Territories. 

Sac. 4057. By an act of the general assembly of April 9, 1891, the State of Arkan- 
sas accepted the grant and assented to the provisions of an act of Congress of 
August 30, 1890, for the more complete endowment and support of the colleges 
for the benefit of agriculture and mechanic arts, established under the act of 
Congress of July 2, 1863. One of the conditions of said grant was that in States 
where the white and negro races were separately educated and there was a col- 
lege for the education of the negro race, that the State should equitably divide 
said appropriation. Pursuant thereto the State of Arkansas divided the same as 
follows": Eight-elevenths for the Industrial University, at Fayetteville, and three- 
elevenths for the Branch Normal College thereof, at Pine Bluff. 

Sec. 4058. By the act of Congress mentioned in the preceding section there 
was provided an appropriation of $15,000 for each State accepting the same for 
the year 1890, and the same sum and an annual increase thereof of $1,000 addi- 
tional to the preceding year for ten years, and the annual amount thereafter to be 
$25,000, said sum to be applied only to instruction in agriculture, the mechanic 
arts, the English language, and the various branches of mathematical, physical, 
natural, and economic science, with special reference to their appUcations in the 
industries of life and to the facilities for such instruction. 

Ssc. 4059. The State treasurer shall receive, tinder his official responsibility, all 
sums due and to become due from the United States from the appropriation men- 
tioned in the preceding section and pay the same to the trustees of the aforesaid 
university and branch thereof in the proportion aforesaid. (Act April 9, 1891, 
sec. 9.) 

Sec. 4060. The State treasurer shall be the financial agent and trustee of the 
State, to apply for and receive of the United States all the land scrip to which the 
State may be entitled by reason of the acceptance of the terms of the act of Con- 
gress of July 2, 1862, and acts amendatory thereof. (Act March 27, 1871, sec. 1.) 

Sec. 4061. All property or bonds donated or bid for the location of said univer- 
sity, and accepted by said board of trustees, shall constitute a part of the funds of 
said university. 

Sec. 4062. It is hereby made the absolute duty of the county corurt of the county 
or corporation council issuing such bonds to annually levy a tax and collect in 
currency or overdue coupons of such bonds a sum fully sufficient to pay all accru- 
ing interest on such bonds and incidental expenses connected therewith; and upon 
failure to do so, it shall be the duty of any court of competent jurisdiction, upon 
the application of any one or more holders of such bonds, to compel such county 
.ourt or council forthwith to levy and collect such sums as will fully pay all such 
interest as herein provided for. (Act March 27, 1871, sees. 9 and 10.) 

Sec. 4063. It shall be the duty of the county court of the county of Washington, 
at each annual meeting held for the purpose of levying taxes, to provide for the 
levy of a tax of 1 miU on each one dollar's worth of taxable property, to be paid 
into the county treasury as a sinking fund to be set apart and kept for the sole 
purpose of liquidating the thii'ty-year 8 per cent bonds, known as " college bonds," 
held in trust by the State of Arkansas for the benefit of the Arkansas Industrial 
University. 

Sec. 4064. It shall be the duty of the treasurer of said county, when the said 
taxes, as provided in section 4063, shall have been collected and paid to him annu- 
ally tinder the dii-ection of the county court of said county, to invest the same to 
the best possible advantage in interest-bearing bonds or securities of the State of 
Arkansas or of any other State bearing the highest rate of interest and deemed 
good and safe. And the said county treasurer shall also, in like manner, as the 



LAWS EELATING TO LAND-GRANT COLLEGES. 17 

interest shall accrtie and be collected on the investments aforesaid, from time to 
time invest said interest in interest-bearing bonds or good seciirities. 

Sec. 4065. It shall be the duty of the city conncil of the city of Fayetteville, in 
said county of Washington, at each anniial meeting held for the purpose of levy- 
ing taxes, to provide for the levy of a tax of 1 mill on each one dollar's worth 
of taxable property, to be paid into the city treasury as a sinking fund, set apart 
and kept for the sole purpose of liquidating the thirty-year 8 per cent bonds, 
known as " college bonds," held in trust by the State of Arkansas for the benefit 
of the Arkansas Industrial University. 

Sec. 4066. It shall be the duty of the treasurer of said city, when the said taxes 
provided for in section 4065 shall have been collected and paid to him annually 
under the direction of the city council of said city, to invest the same to the best 
possible advantage in interest-bearing bonds or securities of the State of Arkansas 
or of any other State bearing the highest rate of interest and deemed good and 
safe; and the said city treasurer shall also, in like manner, as the interest shall 
accrue and be collected on the investments aforesaid, invest said interest in 
interest-bearing bonds or securities as aforesaid. (Act March 28, 1885.) 

Sec. 4067. The governor of the State of Arkansas, by and Avith the consent of 
the senate, shall appoint, and there is hereby created, a board of six trustees for the 
Arkansas Industrial University, to be appointed one from each Congressional 
district, to be composed of representatives of the agricultural, mechanical, and 
literary pursuits of life as nearly as possible, v/ho shall hold their office for the 
term of six years from the date of their appointment and until their successors 
are appointed and qualified: Provided, When the first appointment is made under 
the provisions of this act, two members of said board shall be appointed for the 
term of two years, two for four years, and two for six years; and every two 
years thereafter two members of said board shall be appointed for the term of 
six years. The governor shall be, ex ofiicio, president of said board, and in all 
cases of tie votes shall cast the deciding vote; and in his absence the board shall 
elect a presiding officer. A less number than a quorum may adjourn from time 
to timet (Act March 30, 1887, sec. 1, as amended by act March 31, 1891.) 

Sec. 4068. Said board is made a body politic and corporate, and shall have all 
the powers of a corporate body, subject to the constitution and laws of the State 
of Arkansas, and possess all the jjov/ers and authority now possessed by the board 
of trustees of said university under existing lav/s, and shall make and subscribe 
an aflidavit before entering upon their respective duties, to faithfiilly, diligently, 
and impartially discharge the duties of their office. (Act March 30, 1887, sec. 2.) 

Sec. 4069. The board of trustees shall have power to prescribe all rules and 
regulations for the government and discipline of said university, subject to the 
provisions of this chapter and such other acts of the general assembly as may 
hereafter be prescribed. (lb., sec. 4.) 

Sec. 4070. The board of trustees shell cause to be made an annual report of the 
operations and condition of the agricultural and mechanical departments of said 
university, which shall include: 

First. A statement of the number of acres in cultivation on the college farm, 
the kind of crops raised, and the number of acres of each kind. 

Second. The manner of the preparation of the soil for the various crops, methods 
of seeding and planting, kind and variety of seeds, manner of cu.ltivating and of 
harvesting. 

Third, The several kinds and descriptions of all implements used in the various 
stages of the different crops, with reports on their utility and adaptation for the 
purposes used. 

Fourth. The time of preparation of the soil, sowing, planting, cultivating, and 
harvesting, and a general statement of the weather and its influence upon the 
several crops. 

Fifth. The kinds of fertilizers used and crops to which they Avere applied, the 
time and manner of application, and the several results. 

Sixth. A detailed and systematic account of the number of days' work, of ten 
working hours each, of men and teams in the production of each separately 
treated crop, said statement of labor to be in three divisions: First, up to the time 
the seed are deposited in the ground; secondly, during cultivation; thirdly, while 
harvesting and preparing the crop for market. 

Seventh. A full and accurate yield per acre, by weight or measure, of all crops 
raised on the farm, distinguishing betv/een the several kinds of treatment as to 
fertilizers used, and depth of plowing, difference of cultivation, times of harvest- 
ing, kind or variety of seed used. 

ED 1902 — -2 



18 EDUCATION EEPORT, 1901-1902. • 

Eighth. Kind and quantity of machinery and tools used in the mechanical 
department; the kind and quality of each shop or division of said department, 
and an approximate cost of production of each article manufactured. (Act March 
30, 1887, sec. 10.) 

Sec. 4071. The board of trustees shall meet annually, and shall have power to 
hold adjourned meetings vs^hen the business of the university actually requires it, 
or the president of the board may call a meeting of the board when he is satisfied 
the interests of the university require it or when five members of the board peti- 
tion him to do so. (Act May 30, 1874, sec. 4.) 

Sec. 4073. The president of the board shall attend the meetings of the board 
and shall perform all such duties as are herein required or may be directed by 
said board, withoiit salary or fees or any compensation whatsoever, except such. 
as he now receives for other services for the State; but his own and the trustees' 
necessary traveling expenses and board bills and other necessary incidental 
expenses in carrying this chapter into effect shall be x>aid by the State, upon the 
official certificate of the person incurring such expense being approved by the 
president of the board, which shall be a voucher in the office of the auditor of the 
State. Said trustees shall each receive $2.50 for each day necessarily consumed 
on duty as such trustees, payable as above provided for. (Act March 27, 1871, 
sec. 13, as modified by subsequent legislation.) 

Sec. 4074. Said board of trustees shall fix, and from time to time regulate, the 
fees, allowances, salaries, and wages to be paid architects, inspectors, professors, 
teachers, agents, committees, servants, or other necessary employees; and they 
shall observe rigid economy in such expenditures. (lb., sec. 16; but see 4094 seq.) 

Sec. 4075. The board of trustees, for any cause by them deeraed sufficient, shall 
have power, by majority vote taken at any meeting, to remove any member from 
said board: Provided, No member shall be so removed without as many as five of 
such trustees voting for such removal; and when any member of said board shall 
be so removed the votes of the trustees shall be recorded, and the president of 
the board shall make a certificate showing the result of such vote and transmit 
tJie same without delay to the governor, who shall at once declare the commission 
which had been issued to such removed trustee vacated, and appoint and commis- 
sion some competent man to fill the vacancy so occasioned. 

Sec. 4076. The said board of trustees are fully empowered and authorized, either 
as a board or through any committee they may select or appoint, to inquire into 
and fully investigate any and all charges that have been or may be preferred 
against any trustee of said board, or any member of any committee appointed by 
or under the direction of said board, or any contractor, architect, builder, employee, 
or agent or other person acting by agreement with or authority of, or under, 
said board of trustees, or any of the committees of said board, in any capacity 
whatever; and for the purposes of such investigations or inquiry, said board, or 
any committee appointed by them, shall hold meetings in the State at such time 
and place as may be designated by the board, or by the committee so appointed, 
and the chairman of the executive committee of said board, for the time being, 
shall have full and ample power to issue all necessary process for summoning and 
compelling attendance of witnesses before such board or committee, and may 
impose upon all witnesses who refuse to obey such process, or to testify fully and 
explicitly before such board or committee in reference to any and all such matters 
as may be the subject of inquiry, all the pains and penalties that might or could 
be imposed upon such witness by the circuit court in any case if he were to fail 
and refuse to appear and testify before the proper circuit court of his county in 
a cause or matter legally pending therein, after being duly summoned to appear 
and testify therein, and said process, issued by the chairman of said eseciitive 
committee, maybe directed to any sheriff, coroner, or constable in this State; and 
if such officer fails, neglects, or refuses to execute such process, he shall be sub- 
ject to all the forfeitures, pains, and penalties which might or could be imposed 
upon him for failing, neglecting, or refusing to serve necessary or proper process 
from a circuit court in his own coiinty, and such fine, imprisonment, and penalties 
as can be so assessed shall be enforced and carried out upon the order of such chair- 
man of the executive committee, which chairman shall be required to have no 
commission to so act except as a member of the board, and a certificate of his 
election or appointment to such i^lace by the board of trustees or the president of 
such board. 

Sec. 4077. The material parts of all examinations and inquiries had by any com- 
mittee shall be reduced to writing and laid before the board for their action; and 
process under this act shall run in the name of the State, and officers and wit- 
nesses shall execute and obey the same without any advanced fee or compensa- 
tion, and their accounts or claims for such service or attendance, or other costs 



LAWS KELATING TO LAND-GEANT COLLEGES. 19 

arising in sncli investigation, shall be presented to said board of trustees, andtliey 
shall, through their president, order certificates issued upon their treasurer for 
reasonable compensation. (Act April 5, 1873.) 

Sec, 4078, The board of trustees of the Arkansas Industrial University at the 
first meeting after April 1, 1893, shall elect a secretary of the board and a treas- 
urer of the university, vv^ho shall hold their offices two years, or until their suc- 
cessors are in like manner appointed and qualified. 

Sec, 4079. Both of said offices shall not be held by the same person at one time. 

Sec. 4080. The said secretary and treasurer shall each execute such bonds and 
perform such duties as are now required by law, and under such regulations as 
may be prescribed by the said board of trustees. 

Sec. 4081. The compensation allowed the secretary shall be fixed at $600 per 
annum and the salary of the treasurer shall be fixed at $300 per annum, and in no 
case shall the salary of either officer for any and all services rendered the said 
board of trustees of the university be increased unless by an act of the general 
assembly. (Act April 14, 1893.) 

Sec. 4082, The said treasurer and secretary shall each execute a bond to the 
State of Arkansas, for the use of the university, with security approved by the 
board or the president thereof, in vacation, in such sum as they may require, not less 
than $10,000, for the faithfiil performance of all the duties that may appertain to 
their respective offices, which bonds shall be filed in the office of the secretary 
of state, (Act March 6, 1875, sec. 3.) 

Sec. 4083. It shall be the duty of said secretary to keep, in a well-bound book 
to be furnished for that purpose, a true and correct record of the transactions of 
said board , which shall be open to the inspection of any citizen of this State at 
all times on demand. He shall also have the custody of all books, papers, docu- 
ments, and other property which may be deposited in his office by the order of 
said board, and also the buildings and grounds pertaining to said university, and 
shall, from time to time, and so often as directed by said board, prepare and trans- 
mit to the superintendent of public instruction reports of any of the transactions 
of said board of trustees as may be ordered. (Act March 30, 1887, sec. 3.) 

Sec, 4084, Said treasurer shall at no time draw from the treasurer of the State 
or have on hand more than $10,000, and the same shall be paid out as the board 
shall direct, (Act March 27, 1871.) 

Sec. 4085. The board shall have power to remove such officers. (lb.) 

Sec, 4086, The general assembly, in appropriating moneys for the benefit of said 
university, shall specify the precise amount that it intends to appropriate for each 
and every purpose, and the trustees of said institution shall apply each sum as 
thus directed, and in no other way, (Act February 20, 1883.) 

Sec. 4087, No appropriation made for any specific purpose shall be used for any 
other purpose, and the power of contracting debts by the board of trustees in the 
absence of any appropriation is expressly prohibited, (Act April 4, 1893,) 

Sec, 4088, (See act of April 19, 1895, post.) 

Sec, 4089. Any vacancies in the number of beneficiaries during the terms of the 
university shall be filled by appointment by the judge of the county court. Any 
beneficiaries appointed as herein prescribed shall comply with the rules and regu- 
lations provided by the board of trustees in reference to such beneficiaries. 

Sec. 4090. It shall be the duty of the judge of the county court, immediately 
upon receiving notification from the board of trustees as above provided, to give 
notice, in the manner prescribed by law for the publication of legal notices, of the 
number of beneficiaries allowed to the countj^ and of the time, manner, and place 
of making appointments to the same, and no person shall be admitted to the said 
university as a beneficiary who has not been appointed in accordance with the 
provisions of this section. 

Sec, 4091. By section 11, act March 30, 1887, provision was made for the erection 
of dormitories for the use of the beneficiaries, and provided that if the beneficiaries 
were not sufficient in number to fill such dormitories the president may permit 
other students to occupy the surplus room. 

Sec. 4092, Females may be received as beneficiaries. (Act March 18, 1889, 
amending sec, 5, act March 30, 1887.) 

Sec. 4093. The faculty of said university shall consist of a president and such 
professors as the board of trustees may deem necessary, whose compensation shall 
be fixed by the board of trustees. One of said professors shall be styled the super- 
intendent*^ of agriculture, whose duty it shall be to supervise the agricultural 
department, and to perform such other duties as may be necessary in order to 
impart a theoretical and practical knowledge of the science of agriculture to the 
stiKients over whom he shall have control. One of said professors shall be styled 
the superintendent of mechanic arts, whose duty it shall be to supervise the 



20 EDUCATION REPOET, 1901-1902. 

niecliaaical department, and to perform such other duties as may be necessary in 
order to impart to those under his care a theoretical and practical knowledge of 
the mechanic arts: Provided, The board of trustees may employ such assistants 
as they may deem necessary, whose compensation shall be fixed by said board of 
trustees: And provided, The manner of payment of all salaries shall be regulated 
by said board. (Act March 31, 1891, amending sec. 8, act March 30, 1887.) 

Sec. 4094. The salary of president of the faculty shall be $2,000 per annum, paya- 
ble quarterly; that of professors and superintendents, each the sum of $1,500 per 
annum^ payable quarterly, except the superintendent of agriculture and the 
superintendent of mechanic arts, which shall be $1,600 each. (Act March 30, 
1887, section 9.) 

Sec. 4095. The course of study in said university shall embrace agricultural 
chemistry, animal and vegetable anatomy, and physiology, the application of 
science and the mechanic arts to practical agriculture in the field, veterinary arts, 
entomology, rural and household economy and horticulture, practical mechanic 
arts as taught in the workshops, the English language and literature, mathe- 
matics, civil engineering, philosophy, history, and bookkeeping; including military 
tactics and such other branches of study as the board of trustees may prescribe. 

Sec. 4096. Each male student below the sophomore class shall be compelled, as 
a part of his education, to work at least two hours each school day, either in the 
field or workshop, under the direction of their respective superintendents; the 
labor to be paid for at such rate as may be prescribed by the board of trustees, to 
be applied to the board of such students: Provided, Any student may be allowed 
to do extra v/ork with the consent of the faculty and receive pay for the same. 
(Act March 31, 1891, amending section 6, act March 30, 1887.) 

Sec. 4097. The board of trustees shall direct, order, and restrict all improve- 
ments made on the farm, such as repairing and building fences, repairing and 
building houses, buying stock, utensils, etc., repairing and resetting fruit trees, 
etc., all of which shall be done in a practical and economical way: Provided, As 
far as practicable all labor to be performed on or about said farna shall be done by 
the students of the university. 

Sec. 4098. The proceeds arising from the sale of the products of the agricultural 
and mechanical departments shall constitute a fund out of which to pay for the 
labor performed by the students in said departments. 

Sec. 4099. No student shall be allowed more than 10 nor less than 3 cents per 
hour for his labor. « 

Sec. 4100. By a special act of date March 30, 1883, and an amendment thereto, 
April 9, 1891, a prohibition district of 3 miles is established with the university as 
the center. The selling and giving away of spirituous, vinous, or malt liquors is 
forbidden unless the same is given by a physician as medicine, and not by him 
except under the restrictions of the act. Anyone interested in the sales, or suf- 
fering the liquors to be sold in a house owned or controlled by them, shall like- 
wise be guilty. Stringent provisions for the prosecution and detection of such 
sales are provided by the acts aforesaid. 

Sec. 3401. It shall be the duty of the superintendent of agriculture [professor 
of chemistry, act April 9, 1895] at the experimental station of the university [at 
the State university, ib.] to make or cause to be made a chemical analysis of 
every sami^le of commercial fertilizer so furnished him, and he shall issue a certifi- 
cate to the person or company so furnishing said sample, setting forth that said 
analysis is a true and complete analysis of the sample furnished him of such brand 
of fertilizer, giving the per cent of ammonia, potash, and available [soluble, 
reverted, and insoluble, act April 9, 1895] phosphoric acid of such sample of com- 
mercial fertilizer so furnished, and all other available fertilizing ingredients in 
said sample. 

Sec. 3403. EA'-ery package of commercial fertilizer offered for sale within the 
State whose value is more than $10 per ton must have placed upon or securely 
attached to each package by the manufacturer a guarantee analysis * * * 
which shall substantially correspond with the analysis of the sample of same 
brand so furnished the superintendent of agriculture [professor of chemistry, act 
April 9, 1895]. 

'Sec. 3404. The superintendent [professor of chemistry, act April 9, 1895] of the 
State university shall receive for analyzing a fertilizer and affixing his certificate 
thereto the sum of $15 for each and every brand of fertilizer analyzed for any 

a Note by the editors of the digest: "This provision is a-ppai'ently in conflict with the act of 
March 31, 1891, section 4098, but as the same provision was in section 6, act of March 30, 1887, of 
whicli section 4096 is an amendment, it seems to have been the legislative intent that the two 
provisions be harmonized, both being in the same act. 



LAWS EELATING TO LAND-GRANT COLLEGES. 21 

mantifactnrer or vendor; but any agriculturist of the State or purchaser of any 
commercial fertilizer in this State may take a samxjle of the same, under the rules 
and directions of the said superintendent of agriculture [professor of chemistry, 
act April 9, 1895] at the said experiment station, and forward same to said super- 
intendent of agriculture [professor of chemistry] for analysis, which analysis shall 
be made free of charge. (Act March 8, 1889.) 

Act approved April 19, 1895, section 4088 supra, vfas amended to read thus: 

Sec. 4088. It shall be the duty of the board of trustees to apportion the number 
of beneficiaries who shall be admitted as students in the university withoiit tuition 
among the several counties of the State according to population and to notify the 
county jiidge of each county of the number apportioned to the county at least two 
months prior to the beginning of each regular annual session of the school; and 
it shall be the duty of the county judge to appoint from the actiial residents of 
the county the number of beneficiaries to which it may be entitled, a preference 
being given to those noted for diligence and proficiency in study, and the appoint- 
ments so made shall be entered of record. If the judge of any county shall fail 
to appoint its quota of beneficiaries, or if those appointed shall fail to attend, the 
president of the university shall appoint such beneficiaries to the full number 
authorized by law from other counties having their full quota: Provided, Such 
appointments shall be vacated on application of the county judge of a county so 
failing to fill its quota. 

Act approved May 23, 1901: Section 1. Whereas the State of Arkansas now 
holds $30,000 of bonds issued by the city of Fayetteville, in trust as a permanent 
endowment fund for the University of Arkansas, and whereas said bonds mature 
on the 1st day of January, 1903. and whereas the city of Fayetteville will be 
enabled to meet the entire obligation, now therefore the State treasurer is hereby 
authorized to surrender such number of said bonds to the city of Fayetteville as 
it may be able to i^ay and does pay when such bonds mature. 

Sec. 2. The city of Fayetteville is authorized and empowered to issue new 5 per 
cent bonds, payable in twenty years, or at the option of said city in five years, in_ 
lieu of the bonds said city is unable to pay, and the State treasurer shall surrender' 
the old bonds at maturity and accept the new bonds in exchange therefor. 

Sec. 3. Whereas the act of 1871, locating the University of Arkansas, provided 
that the county or corporation securing the location should not be required to pay 
more than one year's interest on its bonds before the completion of the buildings, 
and in case more than one year's interest was collected by the State that the State 
would refund said interest; and whereas by act of 1875 the legislature refunded 
to Washington County $16,000 in 6 per cent bonds for the interest erroneously 
collected from said county on its university bonds for the years 1873 and 1874, 
and whereas the State erroneously collected $4,800 and has never refunded said 
amount to said city, therefore the State treasurer at the time of settlement shall 
surrender to said city such numbers of the old university bonds as shall amount 
to said tax so erroneously collected. 

Sec. 4. All money paid by the city of Fayetteville for said bonds shall be 
invested by the State debt board as a permanent endowment fund for said uni- 
versity in safe securities, and such securities, together with the new 5 per cent 
bonds issued by said city, shall be held by the State treasurer in trust for said 
university, and the interest annually collected thereon shall be turned over to the 
treasurer of said university. 

Sec. 4. That the city council of the city of Fayetteville shall destroy and bum 
the old bonds turned over to said city at the time of settlement by the State treas- 
urer at their first regular meeting after settlement. 

CALIFOSNIA. 

Constitution (1879), Ai'ticle IX: Section 1. A general diffusion of knowledge 
and intelligence being essential to the preservation of the rights and liberties of 
the people, the legislature shall encourage by all suitable means the promotion of 
intellectual, scientific, moral, and agricultural improvement. 

Sec. 2. The public school system shall include primary and grammar schools, 
and such high schools, evening schools, normal schools, and technical schools as 
may be established by the legislature, or by municipal or district authority, but 
the entire revenue derived from the State school fund, and the State school tax, 
shall be applied exclusively to the support of primary and grammar schools. 

Sec. 8. No public money shall ever be appropriated for the support of any sec- 
tarian or denominational school, or any school not under the exclusive control of 
the officers of the public schools, nor shall any sectarian or denominational doc- 



22 EDUCATIOl^ REPORT, 1901-1902. 

trine be taught, or instruction tlierein be permitted, directly or indirectly, in any 
of tlie common schools of the State. 

Sec. 9. The University of California shall constitute a public trust, and its 
organization and government shall be perpetually continued in the form and char- 
acter prescribed by the organic act creating the same, passed March 23, 1868, and 
the several acts amendatory thereof, subject only to such legislative control as 
may be necessary to insure compliance with the terms of its endowments, and the 
proper investment and security of its funds. It shall be entirely independent of 
all political and sectarian influence, and kept free therefrom in the api)ointment 
of its regents and in the administration of its affairs: Provided, That all the 
moneys derived from the sale of the public lands donated to this State by act of 
Congress, approved July 2, 1862, and the several acts araendatory thereof, shall 
be invested as provided by said acts of Congl-ess, and the interest of said moneys 
shall b© inviolably aiDpropriated to the endowment, support, and maintenance of 
at least one college of agriculture, where the leading object shall be, without 
excluding other scientific and classical studies, and including military tactics, to 
teach such branches of learning as are related to scientific and practical agrictil- 
ture and the mechanic arts, in accordance with the requirements and conditions 
of said acts of Congress; and the legislature shall provide that if , through neglect, 
misappropriation, or any other contingency, any portion of the funds so set apart 
shall be diminished or lost, the State shall replace such portion so lost or misap- 
propriated, so that the |)rincix)al thereof shall remain forever undiminished. No 
person shall be debarred admission to any of the collegiate departments of the 
university on account of sex. 

Statutes of California, act March 23, 1868: Section 1. A State university is 
hereby created pursuant to the requirements of section 4, article 9, of the consti- 
tution of the State of Calif omia.^ 

[The following matter is taken from the Political Code of the State of California, compiled by 
James H. Deering, San Francisco, 1899.] 

Sec. 1385. The University of California, located in Alameda County, has for its 
object general instruction and education in all the departments of science, litera- 
ture, art, industrial and professional pursuits, and special instruction for the pro- 
fessions of agriculture, the mechanic arts, mining, military science, civil engi- 
neering, law, medicine, and commerce. 

Sec. 1386. There must be maintained in the university — 

1. A college of letters. 

2. A college or colleges of science, including agriculture, mechanics, mining, 
engineering, chemistry, and such other specialties as the board of regents may 
determine. 

3. Colleges of medicine a^nd law. 

4. Such other colleges as the board of regents may establish. 

Sec. 1387. The college of letters must embrace a liberal course of instiaiction in 
language, literature, and philosophy. 

Sec. 1388. Each full course of instruction consists of its appropriate studies and 
courses, to be determined by the board of regents. 

Sec. 1389. The president of the university is the executive head of the institu- 
tion in all its departments, except as herein otherwise provided. 

Sec. 1390. He must, subject to the board of regents, give general direction to 
the practical affairs of the several colleges, and, in the recess of the board of 
regents, may remove any employee or subordinate officer not a member of any 
faculty and supply for the time being any vacancies thus created; and until the 
regents otherwise direct he is charged with the duties of one of the professorships. 

Sec. 1391. The immediate government of the several colleges is intrusted to 
their respective faculties, each of which must have its own organization, regulate 
its own affairs, and may recommend the course of study and the text-books to be 
■ used. 

Sec. 1392. Any resident of California of the age of 14 years or upward, of 
approved moral character, may enter himself in the university as a student at 
large and receive tuition in any branches of instruction at the time when the same 

a Constitution of 1849: The legislature shall take measures for the protection, improvement, 
or other disposition of such lands as have been or may hereafter be reserved or granted by the 
United States or any person or persons to the State for the use of the university; and the funds 
accruing from the rents or sale of such lands, or from any other source for the purpose afore- 
said, shall be and remain a permanent fund, the interest of which shall be applied to the support 
of said university, with such branches as the public convenience may deem for the promotion 
of literature, the arts, and sciences as may be authorized by the terms of such grant. And it 
shall be the duty of the legislature, as soon as may be, to provide effectual means for the 
iaaprovement and permanent security of the funds of said university. 



LAWS RELATING TO LAND-GRANT COLLEGES. 23 

are given in their regular cotirse on sncli terms as the board of regents may pre- 
sci'ibe. 

Sec. 1393. An admission fee and rate of tuition fixed by the board of regents 
mnst be required of each pupU, except as herein otherwise provided. 

Sec. 1394. As soon as the income of the university shall permit, adm.ission and 
tuition must be free to all residents of the State; and the regents must so appor- 
tion the representation of students, according to population, that all portions of 
the State may enjoy equal privileges therein. 

Sec. 1395. If approved by the board of regents, scholarships may be established 
in the university by any persons for the purpose of private benefaction or of 
affording tuition in any course of the university free from the ordinary charges 
to any scholar in the public schools of the State who may distinguish himself in 
study, according to the recommendation of his teachers, and who passes the 
examination required for the grade at which he wishes to enter the university. 

Sec. 1396. The board of regents may af&liate with the university any incor- 
porated college of medicine, law, or other special course of instruction upon such 
terms as may be deemed expedient; and su.ch college may retain the control of its 
own property, have its own board of trustees, faculties, and presidents, respec- 
tively, and the students of such colleges, recommended by the respective faculties 
thereof, may receive from the u.niversity the degrees of those colleges. 

Sec. 1397. The examination for degrees must be annual. , Students who have 
passed not less than a year as residents in any college, academy, or school in this 
State, and who, after examination by the faculty thereof, are recommended by 
them as proficient candidates for any degree in any regular course of the univer- 
sity, must be examined therefor at the annual examination, and on passing such 
examination may receive the degree and diploma for that course and rank as 
graduates. 

Sec. 1398. All students of the university who have been residents thereat for 
not less than one year, and all graduates thereof, may present themselves for 
examination in any course at the annual examinations, and, on passing such exam- 
ination, may receive the degree and diploma of that course. 

Sec. 1399. Upon such examinations each professor and instructor of that course 
may cast one vote, by ballot, upon each application for recommendation to the 
board of regents for a degree. 

Sec. 1400. Graduates of the College of California and of any incorporated col- 
lege affiliated with the university may receive the degrees from, and rank as 
graduates of the university. 

Sec. 1401. The board of regents may also confer certificates of proficiency in 
any branch of study upon such students of the university as upon examination 
are found entitled to the same. 

Sec. 1402. The proper degree of each college must be conferred at the end of the 
course upon such students as, having completed the same, are found proficient 
therein. 

Sec. 1403. The degree of bachelor of arts, and afterwards the degree of master 
of arts, in usual course must be conferred upon the gradutes of the college of 
letters. 

Sec. 1404. A system of moderate manual labor must be established in connection 
with the agricultural college, upon its agricultural and ornamental grounds, for 
practical education in agricultural and landscape gardening. 

Sec. 1405. No sectarian, political, or partisan test must ever be allowed or exer- 
cised in the appointment of regents, or in the election of professors, teachers, or 
other officers of the university, or in the admission of students thereto, or for any 
purpose whatsoever; nor must the majority of the board of regents be of any one 
religious sect or of no religious belief. 

Sec. 1415. The endowment of the university is — 

1. The proceeds of the sale of the 72 sections of land granted to the State for a 
seminary of learning. 

2. The proceeds of the 10 sections of land granted to the State for public buildings. 

3. The income derived from the investments of the proceeds of the sale of the 
lands or of the scrip therefor, or of any part thereof, granted to this State for the 
endowment, support, and maintenance of at least one college where the leading 
object shall be — without excluding other scientific and classical studies and includ- 
ing military tactics— to teach such bi-anches of learning as are related to agricul- 
tui'e and the mechanic arts. 

4. The income of the fund set apart by "An act for the endowment of the ' Uni- 
versity of California,' " approved April 2, 1870, which is continued in force. 

[An act for the endowment of the Universitv of California. Chapter CCCCLX: The treasurer 
of the State shall place to the credit of the university fund so much of any moneys that may be 



24 EDUCATIOJ-r REPOST, 1901-1902. 

received by liim from the net proceeds of sale of any salt marsh and tide lands lying: in and 
around the Bay of San Francisco belonging to the State of California as, being invested in the 
bonds of said State or of the United States, shall yield an annn.al income of $50,000. Said moneys 
shall be a fund the capiial of which shall remain undiminished and. the interest of "^rhich shall 
be inviolably applied to the support of the University of California.] 

6. The state of California, in its corporate capacity, may take, by grant, gift, 
devise, or bequest, any i>roperty for ttie use of the university, and hold the same, 
and apply the funds arising therefrom, through the regents of the university, to 
the support of the university as provided in Article IX, section 4, of the consti- 
tution [1849, see footnote, p. 22]. 

7. The regents of the university, in their corporate capacity, may take, by grant, 
gift, devise, or bequest, any property for the use of the university, or of any col- 
lege thereof, or of any professorship, chair, or scholarship therein, or for the 
library, an observatory, workshops, gardens, greenhouses, apparatus, a students' 
loan fund, or any other purpose appropriate to the university; and such property 
shall be taken, received, held, managed, and invested, and the proceeds thereof 
used, bestowed, and applied by the said regents for the purposes, provisions, and 
conditions prescribed by the respective grant, gift, devise, or bequest. 

8. The regents of the university may invest any of the permanent funds of the 
university which are now or hereafter may be in their custody in productive, 
unincumbered real estate in this State, subject to the power of the legislature to 
control or change such investments, excepting such as, by the terms of their ac- 
quisition, must be othervi^ise invested. 

9. If by the terms of any grant, etc., such as are described in the preceding 
sixth and seventh subdivisions, conditions are imposed which are impracticable 
under the provisions of the civil code, such gift, etc., shall not thereby fail, but 
such conditions shall be rejected, and the intent of the donor carried out as near 
as may be. 

Sec. 1425. The university is under the control of a board of regents consisting 
of 22 members, but the president of the university for the time being shall be a 
member of the board of regents by virtue of his office. 

Sfx'. 1426. Sixteen members of the board are appointed by the governor, with 
the advice and consent of the senate. Their term of office is sixteen years. 

Sec. 1427. Six members of the board hold by virt Lie of their office. [Sec. 353: The 
governor, lieutenant-governor, speaker of the assembly, superintendent of public 
instruction, president of the State board of agriculture, and president of the 
Mechanics' Institute of San Francisco are ex officio regents of the University of 
California.] 

Sec. 1428. Whenever a vacancy occurs in the board the governor must appoint 
some person to fill it, and the person so apj)ointed holds for the remainder of the 
term. 

Sec. 1429. The governor is president of the board. 

Sec. 1430. Seven members constitute a quorum of the board. 

Sec. 1431. The members receive no compensation. 

Sec. 1432. The powers and duties of the board of regents are as follows: 

1. To meet at such times and places as their rules may prescribe or at the call 
of the president of the board. 

2. To control and manage the university and its j)roperty. 

3. To i)rescribe rules for their own government and the government of the uni- 
versity. 

4. To adopt and prescribe rules for the government and discipline of the cadets. 

5. To receive in the name of the State or of the board of regents, as the case 
may be, all property donajted to the university. 

6. To choose the president of the university, the professors, and other officers 
and employees of the university, prescribe their duties, fix and provide for the 
payment of their salaries. 

7. To fix the qualifications for admission to the benefits of the university. 

8. To fix the admission fee and rates of tuition. 

9. To appoint a secretary and treasurer, prescribe their duties, and fix and pro- 
vide for the payment of their compensation. 

10. To remove at pleasure any oificer, professor, or employee of the university. 

11. To supervise the general courses of instruction and, on the recommendation 
of the several faculties, prescribe the authorities and text-books to be used in the 
several colleges. 

12. To confer such degrees and grant such diplomas as are usual in universi- 
ties or as they may deem appropriate. 

13. To establish and maintain a museum. 

14. To establish and maintain a library. 



LAWS EELATING TO LAND-GRANT COLLEGES. 25 

15. To take immediate measrires for the peraianent improvement and planting 
of the university grounds. 

IG. To keep a record of all their proceedings. 

17. ThroiTgh the president of the university, to report to the governor the prog- 
ress, condition, and wants of each of the colleges embraced in the university, the 
course of study in each, the number of professors and students, the amount of 
receipts and disbursements, together with the nature, cost, and. results of all 
important investigations and experiments, and such other information as they 
may deem important. 

Sec. 1433. The entire income arising from the endowment is subject to the trusts 
at the disposition of the board of regents for the support of the university. 

Sec. 1434. For the current expenditures of the university specific sums of money 
must be set aside, out of the funds at their disposal, by the board of regents, 
which are subject to the warrants of the president of the board, drawn upon the 
treasurer of the university in pursuance of the orders of the board of regents. 

Sec. 1435. All moneys which may at any time be in the State treasury, subject 
to the use of the board of regents, may be drawn therefrom by the president of 
the board, upon the order of the board, in favor of the treasurer of the university. 

Sec. 1436. The regents must cause to be constructed such buildings as are 
needed for the use of the university. 

Sec. 1437. The plan adopted in the construction of buildings m-ust provide 
separate buildings for separate uses, and so group all such buildings that a central 
building may bring the whole in harmony as part of one design. 

Sec. 1438. The construction and furnishing of the buildings must be let out to 
the lowest responsible bidder, after advertisement for not less than ten days in at 
least two daily newspapers published in the city of San Francisco; but the regents 
may reject any bid and advertise anew. 

Sec. 1439. Until the university buildings are ready for use the regents may 
make temporary arrangements for buildings at Oakland. 

Sec. 1449. A practical agriculturist, competent to superintend the working of 
the agricultural farm, and to discharge the duties of secretary of the board of 
regents, must be chosen by the board as their secretary. 

Sec. 1450. The Secretary must — • 

1. Reside and keep his office at the seat of the university. 

2. Keep a record of the transactions of the board of regents, which must be open 
at all times to the inspection of any citizens of this State. 

3. Have the custody of all books, papers, documents, and other property which 
may be deposited in his office. 

4. Keep and file all repoits and communications which may be made to the uni- 
versity appertaining to education, science, art, husbandry, mechanics, or mining. 

5. Address circulars to societies and others soliciting information upon the 
latest and best modes of culture of the products adapted to the soil and climate of 
the State, and on all subjects connected with field culture, horticulture, stock 
raising, and the dairy. 

6. Correspond with established schools of mining and metallurgy in Europe, 
and obtain information respecting the improvements of mining machinery adapted 
to California. 

7. Correspond with the Patent Office at Washington and with the representa- 
tives of the Government of the United States abroad, to procure contributions 
from these sources; receive and distribute seeds, plants, shrubbery, and trees 
adapted to our climate and soils, for the purposes of experim.ent. 

8. Obtain contributions to the museums and the library of the university. 

9. Keep a correct account of all the executive acts of the president of the 
university. 

10. Keep an accurate account of all moneys received into the treasury or paid 
therefrom. 

11. Distribute the seeds, plants, trees, and shrubbery received by him, and not 
needed by the university, equally throughout the State, to farmers and others 
who will agree to cultivate them properly and return to the secretary's offi.ce 
a reasonable proportion of the products thereof, with a statement of the mode of 
cultivation, and such other information as may be necessary to ascertain their 
value for cultivation in the State. 

13. Pu.blish from time to time in the newspapers of the State, free of charge, 
information relating to agriculture, the mechanic arts, mining and metallurgy. 

Sec. 1451 . The secretary holds office at the pleasure of and receives the compensa- 
tion fixed by the board. 

Sec. 1461. The academic senate is composed of the faculties and instructore of 
the university. 



26 EDUCATI01>r EEPORT, 1901-1902. 

Sec. 1462. The senate must concmct tlie general administration of tlie university, 
regulate the general and special courses of instruction, receive and determine aU 
appeals from acts of discipline enforced by the faculty of any college , and exer- 
cise such other powers as the board of regents may confer upon it. 

Sec. 1463. Its i^roceedings must be conducted according to rules of order adopted 
by it, and every person engaged in instruction in the university may participate 
in its discussions; but the right of voting is confined to the president and the 
professors. 

Ssc. 1473. The students of the university must be organized into a body known 
as the " university cadets." 

Sec. 1474. The officers of cadets, between and including the ranks of second 
lieutenant and colonel, must be selected by the chief military instructor, with 
the assent of the president of the university, and must be commissioned by the 
governor. 

Sec. 1475. The adjutant-general of the State must issue such anus, munitions, 
accouterments, and equiprnents to the university cadets as the board of regents 
may require and the governor approve. 

Sec. 1476. Upon graduating or retiring from the university, such oflScers may 
resign their commissions or hold the same as retired officers of the university 
cadets, liable to be called into service by the governor in case of war, invasion, 
insurrection, or rebellion. 

Sec. 1477. The military instructor must make quarterly reports to the adjutant- 
general of the State, showing the number, discipline, and equipments of the 
cadets. 

Sec, 3533. The regents of the university may order the selection of the 150,000 
acres of land granted to the State for the use of an agricultiiral college, and dis- 
pose of the same at the price and in the manner fixed by them. 

Sec. 3534. The land agent of the university, as the agent of the State, must 
select the lands according to the instructions of the board, and issue certificates 
of purchase and patents to purchasers who comply with the conditions fixed by the 
board; and the regents must invest all moneys accruing from the sale of lands as 
they may deem best, subject to the conditions of the act of Congress gi-anting 
such lands. 

Sec. 3535. All moneys, securities, or other properties arising from the sale of 
the 72 sections granted to the State for a seminary of learning, and from the sale 
of the 10 sections granted to the State for the erection of public buildings, must 
be paid out of the State treasury on the order of the regents of the university. 

Sec. 3536. All persons who have purchased any portion of either of the grants 
mentioned in the preceding section, and who have not paid in full therefor must 
be included in the delinquent list, and the district attorney must proceed against 
such delinquents as provided in sections 3547 and 3548 , and the provisions of sec- 
tions 3548 "to 3556 inclusive, are made applicable to such proceedings. If such 
lands revert to the State, they pass under the control of and may be sold by the 
board of regents of the university. 

Sec. 332. All officers, boards of officers, commissioners, trustees, regents, and 
directors required by law to make reports to the governor or legislature, except 
the controller of State, must send the original draft of such reports to the gover- 
nor before the 15th day of September in the year 1892, and in every second year 
thereafter. 

Sec. 334. The superintendent of State printing must print such reports or such 
part or parts of said reports as may be ordered by the State board of examiners, 
in a manner to be designated by said board, before the first Mondajr in December 
next after receipt thereof, except the report of the State comptroller, etc. 

Sec. 336. All reports must be printed in the English language. 

Sec. 550. The geological and other specimens collected by the State geological 
stirvey must, excepting such as may be required by the State geologist to aid in 
the preparation of his report, be delivered over to the agents of the State Univer- 
sity, to be by them deposited in the cabinet of the same as the property of the 
university. 

Statutes, 1889, Chapter XVII: Whereas, by section 9 of an act to establish agri- 
cultural experiment stations in connection with the colleges established in the 
several States, it is provided that the grants of moneys authorized by this act are 
made subject to the legislative assent of the several States and Territories to the 
purposes of said grants; therefore be it resolved, that the State of California does 
hereby assent to the grants named in said act. approved March 2, 1887, and to the 
conditions thereof, for and on behalf of the State of California and the board of 
regents of the University of the State of California. And be it further resolved 
that the State of California does hereby specifically designate "The board of 



LAWS RELATING TO LAND-GRANT COLLEGES. 27 

. ■ "w 
regents of the University of California," a corporation organized and existing 
tinder tlie laws of California, and controlling the University of California, the 
only institntion in this State established in accordance with the pi'ovisions of an 
act approved July 2, 1862, as the institution to which this gTa.nt is by law assigned 
for the benefit of agricultural experiment stations connected vdth the said uni- 
versity. Be it further resolved, that his excellency the governor of California be 
requested to transmit to the Secretary of the Treasury of the United States a copy 
of these resolutions, duly certified by the secretary of state. 

Statutes, 1869-70. Act to amend the act of March 28, 1868, providing for the 
management and sale of the lands belonging to the State, approved April 4, 1870: 

Ssc. 60. The board of directors of the Agrictilttiral, Mining, and Mechanical Arts 
College, or such corporations as may be appointed by law to succeed them, shall 
have power to order the selection of the grant of 150,000 acres of land granted to 
the State for the use of an agricultural college, and dispose of the same at such 
price and in such manner as they shall deem, best for the interests of the college, 
and it shall be the duty of the land agent of the university, as the agent of the 
State, to select the lands in the United States land offices, according to the instruc- 
tions of said board or corporation; and it shall be the duty of the said land agent 
to issue certificates of purchase and patent to purchasers who comply with the 
conditions ordained by the said board or corporation, in the manner prescribed in 
sections 4 and 5 of this act; and the said board or corporation shall invest any 
and all moneys accruing from the sale of said lands as they shall deem best, sub- 
ject only to the conditions of the act of Congress granting such lands. 4 

In a case ("White v. Douglass) involving the o-vrnership of lands held by the State as trustee or 
agent of the grant made for the establishment of an institution or institutions for the benefit 
of agriculture and mechanic arts, July 2, 1863, the supreme court decided that under the Con- 
gressional grant to the State of lands for the use of an agricultural college, the State, as ovv'ner 
for the purposes of the grant, had the right to select the lands from surveyed or unsurveyed 
public lands of the United States, subject to preemption and sale, within the limits of the State, 
and to prescribe how the selection should be made, and to whom, and in what manner the lands 
would be sold. (71 Calif., Sept. 27, 1886.) 

In a case decided by the supreme court January 16, 1883 (Hollister v. Sherman, tax collector), 
it was decided that all property administered by the regents of the State University is exempt 
from taxes, and a deed of the tax coUeotor oa a sale of property so administered ixnder an 
assessment against the regents would be void on its face. In People v. Supervisors this was 
reaffirmed. "In our opinion the value of the mortgage to the regents of the iiniver.sity was 
properly deducted from the full value of the property." 

In Lundy v. Dalmas (104 Calif., 655): "The regents of the University of California, tinder the 
organic act of March 2.% 1868, and the subsequent steps taken by them to incorporate, became 
and are a corporation." 

2. The regents of the University of California are not individually liable for the damage done 
by alleged negligence of a public corporation. 

3. Under the provisions of the organic act of March 33, 1868, and of section 9 of Article IX of 
the constitution, the regents are not public offlcers. Section 843 of the Political Code, desig- 
nating them as "civil executive oSicers," was repealed by said section of the constitution. 

The entire income of such funds shall be placed at the 'disposition of the board of regents for 
the support of the university. All moneys which may at any time be in the State treasu.ry, and. 
subject to the use of the said board of regents, may be drawn therefrom by the president of the 
board upon the order of said board in favor of the treasurer of the university. 

The constitution having declared (sec. 23) that no money shall be drawn from the treasury but 
in consequence of appropriations made by law, and upon warrants duly drawn thereon by the 
controller, a question arose as to the power of the board under this section of this act of March 
28, 1868, establishing the university. The supreme court settled the point in the case of Regents 
of University of California v. W. A. January, [State] treasurer, the syllabus of which reads as 
follows: "All moneys in the State treasury subject to the use of the board of regents of the Uni- 
versity of California may be drawn therefrom upon the order of the board indorsed by the gov- 
ernor, and no appropriation or warrant from the controller is necessary for that purpose. (C8 
Cal., Mar. 16, 1885, p. 507.) In view of these sta,tutory and constitutional provisions, v/e do not 
doubt that it was the duty of the respondent [State treasurer] to comi^ly with the resolution of 
the regents, without requiring in addition thereto a warrant of the controller, or the deijositing 
of an equivalent security, and without regard to the use which the regents proposed to make of 
the money. With that the respondent had nothing to do. In or can we pass upon that question 
in this proceeding. We might give our individual views on it, but we more than doubt the pro- 
priety of doing so. The only question which we can decide is whether, upon the face of the 
facts disclosed by the record, a writ should issue as prayed. The fact of a proper demand hav- 
ing been made on the respondent, and his having refused to perform a duty plainly devolved on 
him by law, entitles the petitioners to the writ [mandamus] ." 

COLORADO. 

Constitution (1876) , Article VIII, State Institutions: Section 1. Charitable insti- 
tutions established: 1. Educational, reformatory, a.nd penal institutions, and those 
for the benefit of the insane, blind, deaf, and mute, and such other institutions 
as the public good may require, shall be established and supported by the State, 
in such manner as may be prescribed by law. 

Article IX: Sec. 7. Aid to sectarian schools, [or] churches forbidden. Neither 
the general assembly, nor any county, city, town, township, school district, or 
other ]3ublic corporation shall ever make any appropriation, or pay from any 



28 EDUCATION EEPOET, 1901-1902. 

public ftind or moneys whatever, anything in aid of any church or sectarian 
society, academy, seminary, college, university, or other literary or scientific 
institution controlled by any church or sectarian denomination whatsoever; nor 
shall any grant or donation of land, money, or other personal property ever be 
made by the State, or any such public coriioration, to any church for sectarian 
purposes. 

Sec. 8. Religious test forbidden, etc. — No religious test or qualification shall 
ever be required of any person as a condition of admission into any public educa- 
tional institution of the State, either as teacher or student; and no teacher or 
student of any such institution shall ever be required to attend or participate in 
any religiotis service whatever. No sectarian tenets or doctrines shall ever be 
taught in the public schools, nor shall any distinction or classification of pupils 
be ma,de on account of race or color. 

Article VIII: Sec. 5. Territorial institutions become State institutions. — The 
following Territorial institutions, to v/it, the University at Boiilder, the Agri- 
cultural College at Fort Collins, the School of Mines at Golden, the Institute for 
the Education of Mutes at Colorado Springs, shall, upon th^ adoption of this con- 
stitution, become institutions of the State of Colorado, and the management 
thereof subject to the control of the State, under such laws and regulations as the 
general assembly shall provide, and the location of said institutions, as well as all 
gifts, grants, and appropriations of money and property, real and personal, here- 
tofore made to said several institutions, are hereby confirm.ed to the use and benefit 
of the same, respectively: Provided, This section shall not apply to any institution, 
the property, real or personal, of which is now vested in the trustees thereof, 
until such property be transferred by proper conveyance, together with the con- 
trol thereof, to the officers provided for the management of said institution by 
this constitution or by law. 

[In response to a senate resolution to this eifect, to wit: Doubt exists as to the meaning of 
section 5, Article VIII, of the constitution, the supreme court said: "We call attention to sec- 
tion 2 and section 4 of the article (these fix the seat of government and its capitol building). If 
the framers of the con'stitution had not regarded section 5 as permanently locating the institu- 
tions named, it is reasonable to suppose that they -vyould have made some explicit provision 
with regard to their permanent location. * * * The absence of such provisions supports the 
construction which we have given. It follows that the locations of the institutions named, or of 
any one of them, can not be changed except by an amendment to the constitution." (December 
term, 1SS6, 9 Col., p. 628.)] 

[The following matter has been taken from Mills' Annotated Statutes (1891 ed.) and the 
supplement thereto, "including * * * all laws not in volumes 1 and 3, to January 1, 1897." 
By J. Warner Mills. Denver, 1897.] 

Chapter 2, division 1, Agricultural College: Sec. 33. That to provide a fund for 
the support and maintenance of the State Agricultural College, located at Fort 
Collins, there shall be assessed and levied annually upon ail taxable property in 
this State the following tax, to wit: One-fifth of 1 mill on each dollar of the 
yearly assessed value of such property, which shall be known as the "agricultural 
college " tax, and shall be levied and collected at the same time and in the same 
manner provided by laAV for the assessment and collection of State taxes. 

Sec. 37. It shall be the duty of every county treasurer in this State to provide 
suitable boohs, in which shall be entered an account of all taxes collected in pur- 
suance of this act. He shall also enter in said book an account of all money trans- 
mJtted to the State treasurer on account of said fund, as hereinafter provided. 

Sec. 38. The fund so created shall be applied exclusively for the support of the 
Agricultural College of this State, and for the erection of such buildings as by the 
State board of agriculture shall be deemed advisable. 

Sec. 39. It shall be the duty of the coiinty treasurer in the several counties to 
preserve the agricultural college fund, as provided by this act, as a separate fund, 
and to transmit the same monthly to the treasurer of the State, who shall keep the 
same as an agricultural college fund, to be at the disposal of the State board of 
agriculture, as provided by this act. 

Sec. 40. Whenever there shall be any money in the hands of the State treasurer 
to the credit of the agricultural college fund, deemed sufficient by the State board 
of agriculture to commence the erection of an agricultural college, the auditor of 
State is hereby authorized to draw his warrant upon the treasurer of the State in 
favor of the treasurer of said State board of agriculture, in such sums as said 
board shall deem necessary to carry on the erection or running expenses of said 
college: Provided, That nothing herein shall be construed as authorizing or 
empowering said board to create any indebtedness, in any year, beyond the tax 
so levied in that year for that purpose. 

Sec. 41. The auditor of State shall draw his warrant upon the fund herein pro- 
vided for, upon bills approved by the president of the State board of agriculture, 



LAWS KELATING TO LAND-GRANT COLLEGES. 29 

coiTiitersigned by tlie secretary of said board, to defray tlie lawful esi>enses 
incurred in building and supporting the agricultural college. 

[The matter contained in section 36 to section 41, inclusive, was x-epealed by an act approved 
March 17, 1801. TMs act increased the tax to one-sixth of a mill for each of four State 
educational institutions, of which the Agi-iculturaJ College was one, but the act was declared 
unconstitutional by the suprem.e court of Colorado.] 

Sec. 43. This act shall not take effect unless the fee-simple title to the real estate 
known as the Agricultural College of Colorado shall, within ninety days from the 
passage of this act, be vested in said State board of agriculture free of any condi- 
tion whatever. Yv^'lien the said title shall be so vested, it shall be the duty of the 
attorney- general to certify such fact in writing to the State aiiditor, and the State 
auditor shall notify the county clerks of the severa,l counties of this State of the 
same, in order that the tax herein provided may be properly levied and assessed. 

Sec. 43. That for the ptirpose of further carrying out the provisions of the act 
of Congress approved July 2, 1862, in relation to agricultural colleges, the mili- 
ta,ry body known as the Agricultural College Cadets, of the Colorado Agricultural 
College, is hereby organized as an auxiliary branch of the Colorado National 
Guard, and is placed upon the same footing as regards arms, ammunition, and 
camp and garrison equipage as the Colorado National Guard. 

Sec. 44. That the proper officers of said Colorado National Guard are hereby 
authorized and directed to honor the requisition of the commanding officer of said 
Agricultural College Cadets, under such rules and regulations as may hereafter be 
prescribed hj the State military board and the State board of agriculture, when 
countersigned by the president of said college, for 10 rounds of ammunition per 
year for each member of said military body, and for such camp and garrison 
equipage as may be necessary for the proper instruction of said body in all that 
pertains to the practical duties of soldiers in camp. 

Sec. 44 a. The cadets of the State Agricultural College shall be attached to the 
Colorado National Guard , under such rules a^nd regulations as may hereafter be 
prescribed by the State military board and the State board of agriculture. 

Sec. 45. That for the furtherance and promotion of the agricultural interests of 
the State, an agricultural experimental station shall be established in that section 
of country commonly knovv'n as the "Divide," in the northern part of El Paso 
County, the precise location to be determined as hereinafter provided. 

Sec. 46. The State board of agriculture is authorized to select the necessary 
lands and secure the same, either by lease or purchase, as they m^ay see fit, and to 
make all necessary improvements in the way of buildings and fences, and to take 
such steps as they deem necessary to successfully establish said station. 

Sec. 47. The State board cf agriculture shall have the control and supervision 
of said farm. They shall ajipoint a superintendent and such other ofhcers and 
employees as ma;/ to them appear to be necessary to carry on the said farm suc- 
cessfully. They shall have power to ux salaries and all compensation of emx)loyees, 
and they are hereby empowered to fix such rules and regulations as may be by 
them deemed best for the successful attainment of the object for which said sta- 
tion is to be established and maintained. They shall also appoint three resident 
trustees, who shall act v/ithont compensation, except v^^hen it becomes necessary 
they m.ay be allovv^ed traveling expenses in attending to the discharge of their 
duties. 

Sec, 48. The object of this agricultural station shall be to determine the adapt- 
ability of crops of grain, grasses, root crops, and all other growths which may 
grow in this latitude; also the most economical method of producing the best results 
in growing such crops with and without irrigation. And in aid of these objects 
the board of agriculture may select land (not to exceed 200 acres) in the San Luis 
Valley out of the State lands there found for this purpose, and shall appoint three 
local trustees for the management of the same. And in aid of these objects the 
board of agriculture may select land (not to exceed 200 acres) in the Arkansas 
Valley, in the county of Bent, out of the State lands there foimd for this ptirpose, 
and shall appoint three local trustees for the management of the same. And in 
further aid of these objects the board of agriculture may select lands to the extent 
of 200 acres in the valley of Uncompahgre River, or the valley of the Gunnison 
Eiver, or the valley of the North Fork o1: the Gunnison River, in Delta County, 
State of Colorado, for the purpose of an experimental agricultural station as herein 
provided, and shall appoint three local trustees to raanage the same, such lands to 
be selected from State lands or secured by purchase, gift, or donation, as the board 
of agriculture may decide. 

Sec. 49. The proceeds arising from the sale of products of said farms shallbe 
applied in the liquidation of the running expenses, and all moneys so accruing 



30 EDUCATION EEPOET, 1901-1902. 

shall be credited as coming from the State and be applied as part or whole pay- 
ment of any amount which may be appropriated from the fnnds of the State for 
the maintenance of said farm or station. 

Sec. 50. To enable the State board of agriculture to carry out the provisions of 
this act, they are hereby authorized, to expend snch amount as they may deem 
necessary, in establishing the above-described stations, out of any moneys which 
may accrue to the State by action of the Congress of the United States for the pur- 
pose of establishing agricultural experiment stations in the various States and 
Territories of the United States. 

Sec. 50a. That for the furtherance and promotion of the agricultural interests 
of this State an agricultural experiment station shall be established in the eastern 
half of Cheyenne County, the precise location to be determined as hereinafter 
provided. 

Sec. 50b. The State board of agriculture is authorized to select the necessary 
lands and secure the same by gift or donation, and to make all necessary improve- 
ments in the way of buildings and fences, and to take such steps as they raay deem 
necessary to successfully establish said station: Provided, That a site, containing 
not less than one quarter section of land, and $1,200 for equipping said station, be 
donated for this purpose by the community in which the same is located; and 
for the purpose of erecting said buildings and fences and of making all other nec- 
essary improvements for said station the sum of $2,500 is hereby appropriated out 
of the internal permanent improvement fund of the State. 

Sec. 50c. The State board of agriculture shall have absolute control and super- 
vision of said farm. They shall appoint a superintendent and such other officers 
and employees as they may deem necessary to carry on successfully the said farm. 
They shall have power to fix salaries and all compensation of employees and they 
are hereby empowered to make such rules and regulations as m.ay to them appear 
necessary and expedient. They shall appoint three resident trustees, who shall 
act without compensation, except, when it becomes necessary, they may be allowed 
traveling expenses in the discharge of their duties. 

Sec. 50d. The object of this agricultural experiment station shall be to deter- 
mine the adaptability of crops of grain, grasses, root crops, and all other growths 
which may grow in this latitude; also the most economical methods ;of produc- 
ing the best results in growing such crops without irrigation. 

Sec. 50e. The proceeds arising from the sale of the products of said farm and 
from all other sources shall be paid to the treasurer of the board, and by the board 
disbursed for the use and benefit of said station. 

Sec. 50f . To enable the State board of agriculture to carry out the provisions 
of this act, they are hereby authorized to expend such amount as they vaaj deem 
necessary, in establishing the above-described station, out of any moneys which 
may accrue to the State by the action of Congress of the United States for the 
purpose of establishing agricultural experiment stations in the various States and 
Territories of the United States. 

Sec, 51. That full and complete acceptance, ratification, and assent is hereby 
made and given by the State of Colorado to all of the provisions, terms, grants, 
and conditions, and purposes of the grants made and prescribed by the act of the 
Congress of the United '^States entitled "An act to establish agricultural experi- 
ment stations in connection with the colleges established in the several States 
under the provisions of an act approved July 2, 1863, and of the acts supplemen- 
. tary thereto." 

Sec, 52. The State board of agriculture shall have the control of the fund 
appropriated by the said act of Congress, and shall disburse the same for the tise 
and benefit of the agricultural experiment station department of the State agri- 
cultural college, and in accordance with the terms and provisions of said act of 
Congress. 

Sec. 53a. Pull and complete acceptance, ratification, and assent is hereby made 
^id given by the State of Colorado to all of the provisions, terms, grants, and 
conditions, and purposes of the grants made and prescribed by the act of Con- 
gress of the United States entitled "An act to apply a portion of the proceeds of 
the public lands to the more complete endowment and support of the colleges 
for the benefit of agriculture and the mechanic arts established under the provi- 
sions of an act of Congress approved July 2, 1862," 

Sec, 52b, The State board of agriculture shall have the control of the fund appro- 
priated by the said act of Congress, and shall disburse the same for the use and 
benefit of the State agriciiltural college, and in accordance with the terms and 
provisions of said act of Congress. 



LAWS EELATING TO LAND-GEAWT COLLEGES. 31 

CONNECTICUT. 

[The following matter is taken from the General Statutes of Connecticut, Revision of 1S87, 
piiblished by the aiithority of the State, Hartford, Conn.] 

Sec. 2252. Any person who shall give credit to a nainor student of any college 
or university of this State without the written consent of his parent or guardian, 
or of an authorized officer of such institution, shall he fined not less than $20 nor 
more than $300. 

Sec. 2253. (Repealed by act 1889, Chap. LII, q. y.) The bonds of this State 
indorsed and known as agricultural college bonds, and constituting the capital of 
the agricultural college fund, shall not be transferable except by a special act of 
the general assembly, but shall remain in the custody of the commissioner of the 
school fund; and the treasurer and said commissioner are hereby authorized to 
invest any money now in their hands, or that hereafter may come into their hands, 
belonging to the principal of said fimd in any securities, except personal securi- 
ties, in which by law the savings banks of this State may invest. Said commis- 
sioner shall semiannually receive and pay over the interest accruing upon said 
fund to the president and fellows of Yale College, for the purposes and on the 
conditions hereinafter set forth; and the treasurer shall pay interest at the rate 
of 5 per cent per annum on the principal of the agricultural college fund remain- 
ing in the treasury uninvested. 

Sec. 2254. Said corporation shall devote the interest upon said fund wholly and 
exclusively to the maintenance, in that department of Yale College known as the 
Sheffield Scientific School, of such courses of instruction as shall carry out the 
intent of the act of Congress entitled "An act donating public lands to the several 
States and Territories which may provide colleges for the benefit of agriculture 
and the mechanic arts," approved July 2, 1862, in the manner specially pre- 
scribed in the fourth section of said act. 

Sec. 2255. Said corporation shall furnish gratuitous education in said courses 
of instruction to such citizens of this State as shall be annually nominated to be 
pupils of said school, in such manner as the general assembly shall prescribe. 
Their number shall be, in each year, such as would expend a sum equal to half 
said interest for the same year, in paying for their instruction in said school, if 
they were required to pay for it at the regular rates charged to its other pupils 
for the same year. Said pupils, so nominated and received, shall be admitted 
into said school upon the same terms and subject to the same rules and discipline 
which shall apply to all its other pupils, except that they shall pay nothing for 
heir instruction. 

Sec. 2256. Said corporation shall annually make up and distribute the reports 
required by the fourth paragraph of the fifth section of the act of Congress desig- 
nated in section 2254. 

Sec. 2257. The governor, lieutenant-governor, the three senior senators, and the 
secretary of the board of education shall constitute a board of visitors, who shall 
visit said school in each year, and report thereon to the general assembly at each 
regular session. 

Sec. 2258. Said visitors, with the secretary of the Sheffield Scientific School, 
shall constitute an appointing board, who shall select from such candidates as 
shall offer themselves those who shall be entitled to receive the gratuitous instruc- 
tion in said school. 

Sec. 2259. If there are more applications for the bounty of the State than there 
are vacancies to be filled on the part of the State, said board shall give the prefer- 
ence to such young men as are fitting themselves for agricultural, mechanical, or 
manufacturing occupations in life, and may have become orphans through the 
death of a parent in the naval or military service of the United States, and next 
to them, to such as are most in need of pecuniary assistance; and shall provide 
that the appointments shall be distributed, as far as practicable, among the sev- 
eral counties of the State, in proportion to their population. 

Sec. 2260. The secretary of said school shall also be the secretary of said 
appointing board, and shall record their transactions, and shall, at leastone month 
before the close of each academic year in said school, cause to be j)ublished in at 
least one newspaper in everj^ county in this State an advertisement specifying 
the number of pupils entitled by law to be admitted into said school for gratui- 
tous instruction during the ensuing academic year, and designating the time 
and manner in which application for admission may be made to said appointing 
board. 

Sec. 1716. [Amended by section 2 of act of 1893, Chapter LXVII, also by act of 
1899, chapter 169.] The Storrs Agricultural School shall remain an institution for 
the education of boys whose parents are citizens of this State in such branches of 



32 EDUCATION REPOET, 1901-1902. 

scientific knowledge as shall tend to increase their proficiency in the business of 
agi'icultnre. 

Sec. 1717. [See act 1901, chapter 70.] There shall be appointed by the senate 
six trustees of said school. During the session of the general assembly of 1889 
the senate shall appoint three of said trustees who shall hold office for four years, 
and three who shall hold office for two years, and biennually thereafter three 
trustees shall be so appointed, who shall hold office for the term of four years 
from and after the 1st day of July next succeeding their appointment. The Con- 
necticut board of agriculture shall also annually elect a trustee, and the director 
of the Connecticut Agricultural Experiment Station shall be ex officio one of said 
trustees. 

Sec. 1718. Said board of trustees are empowered to take and hold in behalf of 
the State of Connecticut deeds of such lands and other property and such money 
as may be donated for the purpose of establishing a,nd maintaining said school. 

Sec. 1719. To said board of trustees shall be committed the location of said 
school, the application of the funds for the support thereof, the appointment of 
managers and teachers, and the removal of the same, the power to prescribe the 
studies and exercises of pupils in said school, rules for its management, and the 
adnaission of pupils; and they shall annually report to the governor the condition 
of said school, and such annual reports shall be submitted to the general assem- 
bly at its regular sessions. 

Ssc. 331. [See Public Acts, 1899, chapter 147 post.] The comptroller shall 
cause to be printed, at the expense of the State, annually such numbers of copies 
of each of the follov/ing annual reports as is hereinafter stated; that is to say: 
* * * of the Storrs Agricultural School, 1,000; * * * of the re^jort of the 
board of visitors of the Sheffield Scientific School, 1,000 copies. 

Sec. 380. The estimates for the different classes of expenditures shall be made 
as follows, to wit: * * * for the State board of agriculture, the State experi- 
ment station, the Storrs Agricultural School, * * * by the secretary of the 
State board of agriculture. 

Sec. 1710. The Connecticut Agricultural Experiment Station shall remain as 
now established, and its management shall be committed to a board of control, 
to consist of eight members, one member to be selected by the State board of 
agriciilture, one member by the State Agricultural Society, one member by the 
governing board of the Sheffield Scientific School at New Haven, one member by 
the board of trustees of the Wesleyan University at Middletown, and two mem- 
bers to be appointed by the governor. The governor and the person appointed, 
as hereinafter i^rovided, to be the director of the station shall also be ex officio 
members of the board of control , and the members of the board shall continue in 
office for the term of three years from the 1st day of July next succeeding their 
appointment. 

Sec. 1711. Said board shall choose from among their number a secretary and 
a treasurer, each of whom shall be elected annually, and shall hold their respec- 
tive offices one year, and until the choice of their successors. Five members of 
said board shall constitute a quorum. 

Sec. 1712. Said board shall meet annually on the third Tuesday in January in 
each year, at siich place in the city of Hartford as may be designated by the pres- 
ident of said board, and at such other times and places, upon the call of the pres- 
ident, as may be deemed necessary, and may fill vacancies which maj^ occur in 
the offices of said board. 

Sec. 1713. Said board of control shall locate and have the general management 
of the institution, and shall appoint a director, who shall have the general man- 
agement and oversight of the experiments and investigations which shall be nec- 
essary to accomplish the objects of said institution, and shall employ competent 
and suitable chemists and other persons necessary to the carrying on of the work 
of the station. It shall have power to own such real and personal estate as may 
be necessary for carrying on its Vv^ork, and to receive title to the same by deed, 
devise, or bequest. It shall expend all m.oneys appropriated by the State in 
the prosecution of the work for which said institution is established, and shall use 
for the same purpose the income from all funds and endowments which it may 
receive from other sources, and may sue and be sued, plead and be impleaded in 
all courts by the name of The Connecticut Agricultural Experiment Station. It 
shall make "an annual report to the governor, which shall not exceed 200 [400 by 
act of 1893, Ch. XVIII] printed pages, and such annual reports shall be submitted 
to the general assembly at its regular sessions. 

Sec. 1714. The sum of $8,000 annually is hereby appropriated to said Connecti- 
cut Agricultural Experiment Station, which shall be paid in equal quarterly 
installments to the treasurer of said board of control upon the order of the comp- 



LAWS RELATING TO LAND-GRANT COLLEGES. 33 

troller, wlio is hereby directed to draw liis order for tlie same; and the treasurer 
of said board of control shall be required, before entering upon the duties of hia 
office, to give a bond with surety to the treasurer of the State of Connecticut in 
the sum of $10,000 for the faithful discharge of his duties as such treasurer. 

Sec. 1715, Upon the death or resignation of any of the members of the board of 
control the authority or institution by which such deceased member was origi- 
nally appointed shall fill the vacancy so occasioned. 

Sec. 4005. Every person or comi^any who shall sell, offer, or expose for sale in 
this State any commercial fertilizer or manure the retail price of which is $10 or 
more than $10 per ton sha,ll atrix conspicuously to every package thereof a plainly 
printed statement, clearly and truly certifying the number of net pounds of fer- 
tilizer in the package, the name, brand, or trade-mark under which the fertilizer 
is sold, the name and address of the manufacturer, the place of manufacture, and 
the chemical composition of the fertilizer expressed in the terms and manner 
approved and currently emploj^ed by the Connecticut Agricultural Experiment 
Station. If any stich fertilizer be sold in bulk, such printed statement shall 
accompany every lot and parcel sold, offered, or exposed for sale. 

Sec. 4006. Before any commercial fertilizer the retail price of which is $10 or 
more than $10 per ton is sold, offered, or exposed for sale the manufacturer, 
importer, or party who causes it to be sold or offered for sale within this Stat© 
shall file vnth the director of the Connecticut Agricultural Experiment Station 
two certified copies of the statement named in the preceding section, and shall 
deposit with said director a sealed glass jar or bottle containing not less than one 
pound of the fertilizer, accompanied by an affidavit that it is a fair average sam^ple 
thereof. 

Sec. 4007. The manufacturer, importer, agent, or seller of any commercial fer- 
tilizer the retail price of which is $10 or more than $10 per ton shall pay, on or 
before the 1st of May annually, to the director of the Connecticut Agricultural 
Experiment Station an analysis fee of $10 for each of the fertilizing ingredients 
contained or claimed to exist in said fertilizer: Provided, That when the manu- 
facturer or importer shall have paid the fee required for any persons acting as 
agents or sellers for such manufacturer or importer, such agents or sellers shall 
not be required to pay the fee named in this section. 

Sec. 4008. Every person in this State who sells or acts as local agent for the 
sale of any commercial fertilizer of whatever kind or price shall annually or at 
the time of becoming such seller or agent, report to the director of the Connecti- 
cut Agricultural Experiment Station his name, residence, and post-ofifice address, 
and the name and brand of said fertilizer, with the name and address of the manu- 
facturer, importer, or party from whom such fertilizer v/as obtained, and shall 
on demand of the director of the Connecticut Agricultural Experiment Station 
deliver to said director a sample suitable for analysis of any such fertilizer or 
manure then and there sold or offered for sale by said seller or agent. 

Sec. 4009. No person or party shall sell, offer, or expose for sale in this State 
any pulverized leather, raw, steamed, roasted, or in any form, as a fertilizer 
or as an ingredient of any fertilizer or manure, without explicit printed certificate 
of the fact, such certificate to be conspicuously affixed to every package of such 
fertilizer or manure, and to accompany every parcel or lot of the same. 

Sec. 4010. Every manufacturer of fish guano, or fertilizers of which the princi- 
pal ingredient is fish or fish mess from which the oil has been extracted, shall, 
before manufacturing or heating the same and within thirty-six hours from the, 
time such fish or mass has been delivered to him, treat the same with sulphuric 
acid or other chemical approved by the director of said experiment station in such 
quantity as to arrest decomposition: Provided, Iwiverm^Tla&t in lieu of such 
treatment such manufacturers may provide a means for consuming all smoke 
and vapors arising from such fertilizers during the process of manufacture. 

Sec. 4011. Any person violating any provision of the foregoing sections of this 
chapter shall be fined $100 for the first offense and $200 for each subsequent vio- 
lation. 

Sec. 4012. This chapter shall not affect parties manufacturing or purchasing 
fertilizers for their own private use and not to sell in this State. 

Sec. 4013. The director of the Connecticut Agricultural Experiment _ Station 
shall pay the analysis fees received by Mm into the treasury of the station, and 
shall cause one or more analyses of each fertilizer to be made and published 
annually. Said director is hereby authorized, in person or by deputy, to take sam- 
ples for analysis from any lot or package of manure or fertilizer which may be in 
the possession of any dealer. 

Sec. 4014. The director of the Connecticut Agricultural Experiment Station 

ED 1902- 3 



34 EDUCATIOJ^ EEPOET, 190M902. 

f 

ehall, from time to tim.e, as bulletins of said station may be issued, mail or causa 

to be mailed two copies, at least, of such bulletins to each post-office in the State. 

Public Acts 1889, Chapter LII: Section 1. The treasurer and the commissioner 
of the school fund shall invest the principal of the agricultural-college fund of 
this State in any securities, except personal securities, in which by law the savings 
banks of this State may invest, and said commissioner shall have the custody of 
all securities belonging to said fund, and shall cause a schedule of the same to be 
made and registered in books kept in his office. He shall receive all payments on 
account of said fund, receipt therefor, and deposit the same with the treasurer, 
taking said treasurer's receipt for the same, and he shall draw all orders upon its 
principal and receive from the treasurer, at least semiannually, all income so 
deposited and transmit the same to the president and fellows of Yale College for 
the purposes and conditions set forth in chapter 143 of the general statutes. The 
treasurer shall pay interest at the rate of 5 per cent per annum on the principal 
ot said fund remaining in the treasury uninvested, and ail expenses incurred in 
the management of said fund shall be paid from the treasury upon the order of 
said commissioner. 

Sec. 2. Section 2253 of the general statutes is hereby repealed. 

Ibid., Chapter XII: Section 1. The annual report of the Storrs School Agricul- 
tural Experiment Station shall be printed, bound and circulated as now provided 
by law for the annual report of the Connecticut Agricultural Experiment Station 
at New Haven. 

Public Acts 1893, Chapter LXVII: The narae of the Storrs Agricultural School 
if hereby changed to The Storrs Agricultural College, by which name it shall 
hereafter be known a.nd called. 

Sec. 2. Section 1716a of the general statutes is amended to read as follows: 
"■ The Storrs Agricultural College is hereby established, and shall remain an insti- 
tution for the education of youth whose parent or parents are citizens of this 
State; and the leading object of said college shall be, without excluding other 
scientific and classical studies, and including military tactics, to teach such 
branches of learning as are related to agriculture and the mechanic arts, in such 
manner as the general assembly of this State shall prescribe, in order to promote 
the liberal and practical education of the industrial classes in accordance with the 
provisions of an act of CongTess approved July 2, 1862, * * * also in accord- 
ance with an act of Congress approved August 30, 1890," 

Sec. 8. Sections 1717, 1718, and 1719 of the general statutes are amended by 
striking out the word "school" whenever it occurs and inserting the word 
" college." 

Sec. 4. Section 2258 of the general statutes [confer section 2 of act of 1889, 
Chapter LII] .is amended to read as follows: "The bonds of this State indorsed 
and known as agricultural college bonds and constituting the capital of the agri- 
cultural college fund, with all funds heretofore and hereafter received from the 
United States under an act of Congress approved July 2, 1862, shall not be trans- 
ferable except by special act of the general assembly, i)ut shall remain in the 
custody of the commissioner of the school fund; and the treasurer and said com- 
missioner are hereby authorized to invest any money now in their hands, or that 
may hereafter come into their hands, belonging to the principal of said fund, in 
any securities, except personal securities, in which by law the savings banks of the 
State may invest, and said commissioner shall semiannually receive and pay over 
, tiie interest accruing from said fund to the treasurer of this State, who shall semi- 
annually pay over the interest accruing from said fund, and also the amount 
received by virtue .of an act of Congress approved August 30, 1890, to Yale Uni- 
versity and to the board of trustees of the Storrs Agricultural College, in such 
proportions and for the purposes and on the conditions set forth in the succeeding 
sections; and the treasurer shall pay interest, at the rate of 5 per cent per annum, 
on the principal of such funds remaining in the treasury uninvested. ' ' 

Sec. 5. The corporation of Yale University shall, upon the passage of this act, 
and semiannually thereafter, report under oath to the treasurer of the State the 
number of pupils in attendance at Sheffield Scientific School who had, previous 
tc the passage of this act, been admitted as gratuitous pupils under the agree- 
ment between Yale College and the general assembly of this State, as approved 
toy Governor Buckingham September 8, 1863, and thereupon the said treasurer 
shall pay over to Yale University a sum equal to twice the amount such pupils 
would be required to pay at the regular rates charged other pupils of the said 
school. 

Sec. 6. After the passage of this act no further nominations or appointments of 
State pupils to the said Sheffield Scientific School shall be made, and no portion 
of the interest accruing from the said act of Congress, approved July 2, 1862, and 



LAWS RELATIlSra TO LAND-GEANT COLLEGES. 35 

no part of the proceeds of the act of Congress of 1890 shall be paid over to said 
corporation of Yale University, except as provided in section 5 of this act, until 
said corporation shall contract in writing, in such form as the governor shall 
approve, to fulfill and jierform all the duties and obligations imposed upon it by 
this act. 

Sec. 7. After the passage of this act said corporation of Yale University shall 
funiish gratuitous education in such courses of instruction as, including the 
courses of instruction already instituted in said school, shall carry out the intent 
of the aforesaid act of Congress, approved July 2, 1862, in the manner especially 
prescribed by the fourth section of said act. 

Sec. 8. Said corporation shall furnish gratuitous education in said courses of 
instruction to pupils who shall be annually nominated to be pupils of said school 
in the manner prescribed by law. The number of pupils to be so received gra- 
tuitously into said school shall be in each year such a number as would expend a 
sum equal to the interest on the proceeds of the aforesaid act of Congress approved 
July 2, 1862, for the same year, in paying for their instruction in said school if 
they were required to pay for it at the regular rates charged to other pupils of 
said school for the same year. Said pupils shall be citizens of this State, and 
shall be admitted into said school upon the same terms and subject to the same 
rules and discipline which shall apply to all other pupils of said school, with the 
single exception that they shall not be required to pay anything for their instruc- 
tion. 

Sec. 9. All the interest and funds arising from the said acts of Congress of 1863 
and 1890 not paid over to Yale University by the provisions of this act shall by 
said State treasurer be paid over to the trustees of the Storrs Agricultural Col- 
lege for the use of said college in the manner heretofore provided by law. 

Sec. 10. Should any question of damages, growing out of the provisions of this 
act, arise between the corporation of Yale University and the State of Connecti- 
ctit, such question of damages shall be referred to three commissioners, one to be 
selected by the General Assembly of this State, one to be selected by the corpora- 
tion of Yale University, and a third commissioner to be agreed upon by the two 
first mentioned, or, in case of their disagreement, the third commissioner shall, upon 
application thei^eto by the other commissioners, be appointed by the chief justice 
of the supreme court of errors of this State, and the decision of said commissioners, 
or of any two of them, in writing, shall be final, and their award shall, if in favor 
of Yale University, constitute a claim against the State. The comptroller is hereby 
authorized and directed to draw his order upon the treasurer in favor of Yale 
University for the amount of such award, which shall be paid from the sum appro- 
priated for general purposes. 

Sec. 11. The State of Connecticut hereby assents to and agrees that said moneys 
shall be expended in accordance with the provisions of said act. 

Sec. 12. Said corporation of Yale University and the trustees of the Storrs 
Agricultural College shall annually make and distribute the reports called for by 
the aforesaid acts of Congress. 

Sec. 13. All acts and parts of acts inconsistent herewith are hereby repealed. 

[Yale University called for tlie constituting of the commission provided for in section 10 of tlie 
above act. The comm.ission in January, 18ife, rendered a decision awarding damages to Yale 
University to the amount of $154,604.45, equivalent to the entire fund received by the State of 
Connecticut under the act of July 2, 1862, together with the interest on that sum from the time 
of the legislative act of 1893 to the date of the decision of the commissioners. The income from 
the funds received under the act of duly 2, 1863, as well as the entire funds granted to the State 
of Connecticut under the act of August 30, 1890, are now paid to the Coraiecticut Agricultural 
College.] 

Public Acts 1893, Chapter CCXXYI: Section 1. The sum of $1,800 annually is 
hereby appropriated to the Storrs Agricultural College Experiment Station for 
the purpose of investigating the economy of the food and nutrition of man, and 
for investigations of the bacteria of milk, butter, and cheese, and their effect in 
the dairy, and the said sum shall be paid in equal quarterly installments to the 
treasurer of the Storrs Agricultural College Experiment Station, and the comp- 
troller is hereby directed to draw his order for the same. 

Public acts, 1899, chapter 169: Section 1. The name of the Storrs Agricultural 
College is hereby changed to that of the Connecticut Agricultural College, and 
said college shall, under said new name, have, own, and enjoy all property and 
rights of said Storrs Agricultural College, and shall be subject to all laws appli- 
cable to said Storrs Agricultural College, and the management of said college shall 
continue as at present until changed by proper authority. Whenever a library 
building shall be erected upon the grounds of said college such library shall be 
named the " Storrs Memorial Library," and shall bear that name conspicuously 
both exteriorly and interiorly. 



36 EDUCATIOE" REFOET, 1901-1902. 

Sec. 3. [Repealed by section 2, chapter 70, acts 1901.] There shall be a trustee 
of the Connecticut Agricultural College in addition to those now provided by law, 
who shall be elected for a term of four years * * * by and from the gi-adu- 
ates of said institution, the election to be under the supervision of the trustees for 
the time being and to be so conducted that all graduates shall have an opportunity 
to vote therein by signed ballots deposited personally or by letter. 

Public acts, 1895 [1899] , Chapter CCXXXV, as amended by the act of 1899, chap- 
ter 22: The Connecticut Agricultiiral ExiDsriment Station shall make analyses of 
food products on sale in Connecticut or kept in Connecticut for export, to be sold 
without the State, suspected of being adulterated. Samples of food products for 
analysis shall be taken by the duly authorized agents of the station or by the dairy 
commissioner or his deputy, at such times and places and to such an extent as in 
the judgment of the officers of said experiment station and of the dairy commis- 
sioner shall seem expedient. The dairy commissioner or his deputy shall have full 
access at all reasonable hours to any place wherein it is suspected that there is 
kept for sale or for export, as above specified, any article of food adulterated with 
any deleterious or foreign ingredient or ingredients, and said dairy commissioner 
or his deputy, upon tendering the market price of su.ch article, may take from any 
person, firm, or corporation samples of the same. The said experiment station 
may adopt or fix standards of purity, quality, or strength, when such standards 
are not specified by law. Whenever said experiment station shall find by its 
analysis that adulterated food products have been on sale in the State, or kept in 
the State for export for sale without the State, it shall forthwith transmit the 
facts so found to the dairy commissioner, who shall make complaint to the proper 
prosecuting officer to the end that violators of the law relating to the adulteration 
of food products shall be prosecuted. 

Public acts, 1899, chapter 147: Five thousand copies of the annual report of the 
State board of agriculture shall be printed at the expense of the State. The 
reports of the Connecticut Agricultural Experiment Station and the Storrs Agri- 
cultural Experiment Station shall be eliminated from the report of the State 
board of agriculture; 7,000 copies of the report of the Connecticut Agricultural 
Experiment Station and 7,000 copies of the report of the Storrs Agricultural 
Experiment Station, not to exceed 400 pages each or the equivalent thereof in 
paper, pages, and printing in the form of a smaller report and a series of popular 
bulletins, shall be printed at the expense of the State. 

Public Acts, 1901, chapter 70: Section 1. There shall be a trustee of the Con- 
necticut Agricultural College in addition to those now provided by law to be 
known as the alumni trustee, who shall be a graduate of the institution of at least 
five years' standing, and who shall be elected at the college during commence- 
ment week for a term of two years * * * by the graduates of said institution. 
The election shall be under the supervision of a canvassing board, to consist of 
three members, one appointed by the board of trustees, one by the alumni asso- 
ciation of the college, and one to be selected by the two aforesaid, and to be so 
conducted that all graduates shall have opportunity to vote therein by signed 
ballots deposited personally or by letter. 

Sec. 2. Section 3 of chapter 169, 1899, is hereby repealed. [This act takuig its 
place.] 

Public acts, 1901, chapter 175: Section 1. The board of control of the Con- 
necticut Agricultural Experiment Station at New Haven shall designate and 
appoint a man qualified hj scientific training and practical experience to be State 
forester during the pleasure of the board, and to be responsible to said board for 
the performance of his duties as prescribed in this act. The State forester shall 
have an office at the experiment station in New Haven, but shall receive no com- 
pensation other than his regular salary as a member of the station staff of deputies 
or aids, as may be necessary. 

Sec. 2. The State forester is authorized to buy land in the State suitable for the 
growth of oak, pine, or chestnut lumber, at a price not exceeding $4 per acre, to 
the amount of the appropriation hereinafter named, which land shall be deeded 
to the State of Connecticut and shall be called a State park. 

Sec. 3. The State forester is authorized to plant the lands so bought with seed 
or seedlings of oak, pine, and chestnut and such other trees as he may deem nec- 
essary or expedient, at a cost not exceeding $2.50 an acre; to exchange the land so 
bought with adjoining proprietors, if desirable, in order to make the State park 
more compact for fencing, and for and in behalf of the State to execute deeds for 
such purpose; to fence such lands with substantial wire fencing, not barbed, and 
to use proper precautions to protect said lands from forest fires, from trespassers, 
and the destruction of game, fish, and timber thereon, and in so doing may employ 
such local wardens or assistants as may be necessary. 



LAWS KELATING TO LAND-GRANT COLLEGES. 37 

Sec. 4. The State forester shall be the kowfnl custodian of such lands, with 
power to enter complaint against trespassers the3:eon, and shall pay, from the sum 
hereinafter appropriated, the town taxes upon said land when assessed at the same 
rate as similar adjoining lands, and with the approval of the governor and the 
attorney-general may sell portions of the same when they shall command a greater 
price than the cost and interest thereon, and may ezecute a deed for the sale for 
and in behalf of the State. 

Sec. 5. The sum of $2,000 for the two fiscal years ending September 30, 1903, is 
hereby appropriated for carrying out the provisions of this act. 

Sec. 6. The accounts of the forester for all disbursements under the provisions 
of this act shall be paid by the comptroller upon the audit of the State board of 
control. 

DELA¥/AE,E. 

[The following matter is taken from the Eevised Statutes of the State of Delaware, pub- 
lished at Wilmington, 1«93.] 

Chapter XLIII (chap. 513, vol. 13. Laws of Delaware) : Delaware College. Sec- 
tion 1. Delaware College at Newark, reincorporated by act of February 10, 1851, 
for a period of twenty years, is hereby recognized and reincorporated as a college 
for another period of twenty years, from and after the 10th day of February, 
A. D. 1871. 

Sec. 2. The leading object of said college shall be, without escltiding other 
scientific and classical studies, and including military tactics, to teach such 
branches of learning as are related to agriculture and the mechanic arts, in 
order to promote the liberal and practical education of the industrial classes in 
the several pursiiits and professions in life. 

Sec. 3. The board of trustees of said college shall consist of 30 members, together 
with the governor of the State and the president of the college, who shall be 
members ex officio, one-half of whom shall be appointed by the governor, who 
shall fill vacancies which may hereafter occur in their number, and the other 
half shall be appointed by the remaining members of the present board, who shall 
have power to fill vacancies occurring in their number; and the joint board so 
constituted shall have the entire control and management of the affairs of the 
college, v/ith power to appoint and remove all subordinate officers and agents, 
and to make by-laws as well for their own government as that of the college. 

Sec. 4. There shall be two stated meetings of the board every year at such time 
and place as may be fixed by the by-laws, and occasional meetings may be held 
on the call of the president, which he may make at discretion, and shall make on 
the written request of any tvv^o or more members of the board of trustees. The 
secretary of the board shall give two v/eeks' written notice of all meetings, and 
the tim.e, place, and purpose of occasional meetings shall be stated in the notice 
thereof, and the proceedings of such meetings shall be confined strictly to the 
purpose stated therein. 

Sec. 5. Nine members of the board shall constitute a quorum to do business, but 
a less number may adjourn. Officers may be appointed for the occasion in the 
absence of the regular officers. The place of a trustee who shall be absent from 
three successive stated meetings shall be vacated, unless the board shall other- 
wise especially direct, and a vacancy thus created shall be filled as in other cases. 
And a trustee appointed and not accepting at or before the next stated meeting 
shall be considered as decliniRg, and a new appointment made. 

Sec. 6. The trustees, as ascertained and limited by this act, shall continue to be. 
a corporation by the name of the trustees of Delaware College, with all the powers 
and franchises incident to such an institution, including the capacity to take and 
hold real and personal estate, not exceeding in annual value $50,000, by deed, 
devise, bequest', gift, grant, or otherwise, and the same to alien, sell, transfer, 
or dispose of as occasion may require, and the proceeds thereof to be reinvested 
in other property, funds, or securities for the benefit of said college, and in 
accordance with the spirit and purpose of this act. 

Sec. 7. The faculty, consisting of the professors and tutors employed by the 
board of trustees, one of whom shall be president of the college, shall have the 
care, control, government, and instruction of the students, subject, however, to 
the by-laws. They shall have authority, v/ith the approbation of the board of 
trustees, to confer degrees and grant diplomas. 

Sec. 8. The college fund, created by resolution of the general assembly of Jan- 
uary 28, 1834, and transferred by act of February 5, 1833, to "the trustees of 
Newark College," and all other funds, stock, money, or property belonging to or 
approi^riated for, or raised, paid, or payable to the trustees of Delaware College, 



38 EDUCATION" EEPOET, 1901-1902. 

by that or any other name, shall be a part of the endowment of said college and 
shall be held, appropriated, and used as such by the said trustees. 

Sec. 9. Devises, bequests, gifts, and grants to the corporation shall not be 
avoided by any misnomer if the description can be understood with reasonable 
certainty. And the corporation shall not be dissolved by nonuser so long as there 
shall remain seven trustees. The secretary of state shall transmit to the president 
of Delaware College, to be kept and placed in the library, a copy of all public 
documents of which he may receive duplicates, whenever the same shall not have 
been already appropriated. This college shall never be managed or conducted in 
the interest of any party, sect, or denomination, and the trustees of said college 
shall make a report of its condition to the legislature at each regular biennial 
session. (February 17, 1889.) 

Chapter 48, volume 14, Laws of Delaware: Sec. 2. It shall not be lawful for 
any person, whether licensed to sell spirituous and fermented liquors or not, to 
sell, dispose of, barter, or give to, or be instrumental in procuring for any student 
of Delaware College, within 2 miles of the said college, any spirituous or fermented 
liquors or cordials of any kind in any quantity whatever, and any person violating 
the provisions of this section shall be liable to a fine of $25 for the first offense, 
and $50 for the second offense, and $100 for every subsequent offense, and shall be 
imprisoned until the said fines and costs shall be paid; the fines herein incurred 
to be collected as similar fines are now collected by law, one-half to be paid over 
to the informer and the other half to go to the constable or officer serving the 
warrant. (March 2, 1871.) 

Chapter 408, volume 14, Laws of Delaware: Section 1. The treasurer of this 
State is hereby authorized and required to pay over to the treasurer of the board 
of trustees of Delaware College the sum of $3,000 per annum for the period of two 
years, in equal quarterly installments, the first installment to be paid on the 1st 
day of October, 1873: Provided, That whenever the college shall receive additional 
aid from the General Grovernment this appropriation shall cease. 

Sec. 2. In consideration of the appropriation herein made, the trustees of Dela- 
ware College shall provide free instruction of a suitable character for 10 students 
from each county of the State whenever such students, on presenting themselves 
for admission, shall obligate themselves to teach in the free schools of the State 
for not less than one year. 

Sec. 3. Until otherwise provided by law, the appointments to the free scholar- 
ships herein established shall be made by the members of the legislature, each 
senator and representative being entitled to make one appointment. (March 27, 
1873.) 

Chapter 625, volume 18, Laws of Delaware: Delaware College, at Newark, Del., 
reincorporated by act of February 17, 1869, for a period of twenty years from 
February 10, 1871. be, and the same is hereby, reincorporated as a college, with the 
same duties, privileges, and prerogatives as now legally enjoyed and exercised by 
that institution for a further period of twenty years from and after the 10th day 
of February, 1889. (February 21, 1889.) 

Chapter 137, volume 13, Laws of Delaware [see law of February 17, 1869, the 
first of this collection]: "Whereas the legislature of this State by a recent act 
accepted the provisions of an act of Congress approved July 2, 1862; and whereas 
the said act of Congress renders it the duty of the State to provide the buildings, 
grounds, and appliances necessary to carry oiit the objects of said act; and whereas 
the board of trustees of Delaware College have proposed to convey to the State 
of Delaware a joint and equal interest in the grounds, buildings, libraries, 
apparatus, and vested fund of said college property, upon the condition that the 
State shall vest the income to be derived from the sale of the said lands in a board 
of trustees, not more than one-half of whom shall be the representatives of the 
State, and the remainder the representatives of the present board, for the purpose 
of establishing at Newark, in connection with said college, an institution which 
shall meet the requirements of the act of Congress and extend to the people of 
our State the benefits of its provisions: 

Section 1. The proposition of the board of trustees of Delaware College is 
hereby accepted and Delaware College is adopted and established as the institu- 
tion to be provided by the State of Delaware in accordance with the provisions of 
the act of Congress approved July 2, 1862. 

Sec. 2. The State treasurer, in conjunction with the governor of the State and 
the president of the board of trustees of Delaware College, is hereby authorized 
and required to sell and assi^-n, upon such terms and conditions as they may deem 
best for the interest of the State of Delaware, the whole or any part of the scrip 
or land warrants issued or to be issued to the State by virtue of said act of Con- 
gress. 



LAWS EELATING TO LAND-GKANT COLLEGES. 39 

Sec. 3. The proceeds of tlie sale or sales aforesaid, shall be invested by the said 
treasurer in interest-bearing bonds of this State or of the United States, at his dis- 
cretion, the principal of which bonds shall be forever held sacred for the purposes 
contemplated in the act of Congress aforesaid, and shall not be transferable except 
by a special act of the legislature. 

Sec. 4. ^he State treasurer raay perform and discharge any of the acts, trusts, 
or duties authorized, directed, or conferred herein by any agent or agents by him 
selected and appointed, and with the consent and advice of the goveraor of the 
State. All costs and expenses incurred in selling or assigning the said land scrip, 
or investing the proceeds thereof, shall be allowed and paid otit of any funds in 
the State treasury not otherwise appropriated. 

Sec. 5. The State treasurer shall, semiannually, receive and pay over the interest 
of said bonds to the treasurer of the board of trustees of Delaware College for the 
purposes and on the conditions hereinafter mentioned. 

Sec. 6. The board of trustees of Delaware College shall devote said interest to the 
maintenance of such course or courses of instruction in said college as shall carry out 
the intent of the act of Congress aforesaid, and shall provide for the gratuitous 
instruction of one pupil from each hundred in the State, who shall be annually 
nominated to be pupils of said college in such manner as the legislature may pre- 
scribe. Said pupils, so nominated and received, shall be residents of this State, 
and shall be admitted into said college upon the same terms and subject to the 
same rules and discipline which shall apply to all other pupils of said college, with 
the single exception that they shall not be required to pay anything for their 
instruction. 

Sec. 7. Said board of trustees shall, annually, on or before the 1st day of Feb- 
ruary in each and every year, make tip and distribute the reports required by the 
fourth paragraph of the fifth section of the said act of Congress. 

Sec. 8. The governor is hereby authorized to appoint five trustees from each 
county of the State to be m.embers of the board of trustees of Delaware College 
on behalf of the State, and to fill all vacancies which inay arise in such appoint- 
ments, occasioned by death, resignation, or otherwise, and that the present board 
of trustees of Delaware College shall fill up the remaining vacancies in said board 
in the manner and to the number prescribed in the charter of Delaware College, 
as well as to fill any vacancies which may hereafter arise in their number, and 
the joint board of trustees thus reorganized shall have the entire control and 
management of said institution, subject to the provisions of its charter and the 
terms of the act: Provided, That said institution shall never be managed or 
conducted in the interests of any party, sect, or denomination. 

Sec. 9. The board of trustees of Delaware College shall report such amendments 
to this act, or such further acts or laws, as they may deem necessary and proper 
to carry out the objects contemplated by this act. (March 14, 1867.) 

Chapter 420, volume 13, Laws of Delaware: Section 1. The number of students 
from each county shall not exceed [ten from each county] . Each hundred in each 
county shall have an equal number of the appointees to the college established by 
the act passed March 14, 1867 [above] , and in making the nominations of the 
pupils under the act aforesaid hereafter, the hundred as herein named shall always 
be construed to mean such territory as was embraced within the limits of the 
respective hundreds in each county at the time the counties were each embraced 
within limits of ten hundreds only. 

Sec. 2, They shall be nominated in this manner: Each m^ember of the general 
assembly for the time being, whether during a session or in vacation, as occasion 
may require, shall nominate the students to which his or their hundred shall be 
entitled, and nominations from hundreds within the meaning of this act shall be 
made whenever a vacancy occurs in a hundred by nonacceptance, death, or other- 
wise. When there are two or more members of the general assembly from one 
hundred, they shall decide who shall nominate from the hundred or hundreds, 
within the meaning of this act, having no resident member, together with the 
hundred where they may reside, by writing the names of the hundreds on separate 
paper and drawing as by lot; the hundred which a member may so draw, the 
same shall be his, so dravnng, to nominate therefrom during his term. 

Sec. 3. No person shall be nominated on the part of the State as a student of 
Delay/are College who is under the age of 16 years or over 31. (Mai'ch 15, 1869.) 

Chapter 55, volume 14, Laws of Delaware: Section 1. A. B., late State treas- 
urer and trustee of the funds arising from the sale of the land scrip mentioned in 
the act (March 14, 1867) to which this is a supplement, is hereby directed to trans- 
fer and deliver to the State treasurer all the funds, bonds, and other securities, 
as well as any scrip yet in his hands or under his control, if any, taking his receipt 



40 EDUCATIOIir EEPOKT, 19011902, 

therefor; and the State treasurer shall, when received l33r him, hold and be account- 
able for them in his ofiicial capacity. 

Sec. 2. It shall be the duty of the State treasurer, in addition to the other duties 
imposed by the act to which this is a supplement, to keep said funds, bonds, and 
other securities and scrip in the Farmers' Bank, at Dover, and to keep a separate 
and distinct account of said trust funds, and to miake a full and detailed report of 
the condition thereof to the trustees of Delaware College on the 1st day of July 
in each year, and also to the legislature at each biennial session. (March 30, 1871.) 

Chapter 119, volume 19, Laws of Delaware: 

Section 1. The governor of the State, on the first Tuesday in June, 1891, and 
every four years thereafter, shall appoint and commission two respectable and 
well-qualified persons from each county, who shall constitute the board of trus- 
tees for the [State] College for Colored Students. The said trustees shall hold 
their ofiice for a period of four years or until their successors shall in like manner 
be appointed, in case of a vacancy by death, resignation, or otherwise, the gov- 
ernor shall appoint for the unexpired term. 

Sec. 2. The trustees named in this act are hereby ordained and declared to be a 
body corporate by the name and style of ' ' The Trustees of [the State] College for 
Colored Students," with all the powers and franchises incident to such an institu- 
tion, including the capacity to take and hold real and personal estate by deed, 
devise, bequest, gift, grant, or otherwise, and the same to alien, sell, transfer, and 
dispose of as occasion may require, and the proceeds thereof to be reinvested in 
other property, funds, or securities for the benefit of said college, and in accord- 
ance with the spirit and purpose of this act. 

Sec. 3. The purpose and object of said college shall be to impart instruction in 
agriculture, the mechanic arts, the English language, the various branches of 
mathematical, physical, natural and economic science, with special reference to 
their application in the industries of life, and to the facilities for such instruction, 
in order to promote the liberal and practical education of the industrial classes in 
the several pursuits and professions in life, but other scientific and classical 
studies may be taught, and a normal school for the preparation of teachers may 
he connected with the college under such rules and regulations as the trustees 
naay adopt. 

Sec. 4. The said board of trustees shall have the superintendence of said college, 
with power to appoint and remove the faculty and other officers and agents of the col- 
lege and of their own body; to fill vacancies and to make by-lav/s as well for the 
government of the college as their own government, and to conduct all the concerns 
of the institution. [Four] members of the board shall constitute a quorum, and 
meetings of the board shall be held as the by-laws may prescribe: Provided, That 
said by-laws shall not conflict with the constitution or laws of the United States 
or of this State. 

Sec. 5. The factilty of the college, composed of the teachers whom the trustees 
shall employ, one of whom shall be president of the college and ex officio member 
of the board of trustees, shall have the care, government, and instruction of the 
students, subject, however, to the by-laws. They shall have authority, with the 
approbation of the board of trustees, to confer degrees and grant diplomas. 

Sec. 6. De^/ises, bequests, grants, and gifts to this corporation shall not be 
avoided by any misnomer, if the description can be understood v/ith reasonable 
certainty. 

Sec. 7. The sum of $8,000 is hereby appropriated from the State treasury to the 
said ' ' The Trustees of the State College for Colored Students," to be used primarily 
for the purchase of land and for the erection, preservation, repair, and equipment 
of any building or buildings which said trustees shall hereafter acquii-e for the 
purposes of said college, and if the whole of said sum should not be required for 
the purchase of land and for the erection, preservation, or repair of buildings, the 
remainder of said sum shall be used for the maintenance and support of said insti- 
tution. Said sum shall be paid by the State treasurer to the treasurer of said 
trustees, upon his giving bond and security as hereinafter provided after notice 
received under the hand of the president and secretary of the said trustees that 
said body is fully organized and prepared to carry out the purposes of this act. 

Sec. 8.. The State treasvirer is hereby directed and required to pay annually to 
the treasurer of the said "Trustees of the State College for Colored Students" 
20 per cent or one-fifth part of the sum of money which he, the said State treasurer, 
has already received and hereafter shall receive annually by virtue of an act of 
Congress approved August 30, 1880, entitled [etc.]. 

Sec. 9. The moneys received by said trustees as provided in the foregoing sec- 
tion shall be used by said trustees for the support and maintenance of said college, 



LAWS KELATINa TO LAND-GRANT COLLEGES. 41 

and the treasurer of said trustees, before receiving any money from said State treas- 
urer, shall give bond with good and snfficient security to the State of Delaware in 
the Slim of $10,000, conditioned for the faithful application of all the moneys 
received. Said bond shall be approved by said trustees and shall be deposited in 
the office of the secretary of state. (May 15, 1891.) 

Chapter 438, volume 17, Laws of Delaware: 

Section 1. The person occupying the chair of chemistry in Delaware College, 
at Newark, Del. , is hereby declared ex-officio State chemist. 

Sec. 2. It shall be the duty of the State chemist annually to analyze samples of 
all fertilizers which may be offered for sale within this State, and for this pur- 
pose he is authorized and directed to take from not less than five original pack- 
ages of said fertilizers which may be in the possession of any manufacturer, 
dealer, or persons using the same, two samples not exceeding one pound in weight, 
one sample to be retained by the State chemist, and the other sample to be sent 
by the State chemist, in a sealed bottle or can, to the secretary of state, who shall 
keep the same; and in case any manufacturer should request another analysis, 
then the sample retained by the secretary of state, at the request of any manu- 
facturer, shall be sent to any chemist which the secretary of state, State chemist, 
and manufacturer shall agree upon. 

Sec. 3. Every bag, barrel, or other package of commercial fertilizer manufac- 
tured or sold in this State shall have plainly stamped thereon the number of net 
pounds of fertilizer in the package, the imnie, brand, or trade-mark under which 
the fertilizer is sold, the name and address of the manufacturer, the place of 
manufacture, and the chemical analysis, stating the percentage of ammonia, of 
potash soluble in water, of available phosphoric acid, and of insoluble phos- 
phoric acid; and any maniifacturer or dealer who shall misrepresent the propor- 
tion of ammonia, phosphoric acid and potash, or either of them, contained in such 
fertilizer, slipJl be guilty of a misdemeanor, and tipon conviction thereof on indict- 
ment shall be fined $200 for the first oi^ense and $300 for each subsequent offense. 

Sec. 13. In case the State chemist willfully makes any false or untrue analy- 
sis he shall be deemed guilty of a common nuisance, and upon conviction thereof 
shall be fined a sum not exceeding $100, and shall stand committed to the custody 
of the sheriff until said fine is paid. (April 16, 1885.) 

Chapter 240, volume 21, Laws of Delaware: Whereas the great advance in medi- 
cal science has reached a point of exactitude heretofore unknown, more especially 
as to the cause and prevention of disease, and has attained the ability of demon- 
strating' to a certainty the bacteriological origin of many of our most prevalent 
and fatal diseases; and whereas by microscopic and biological investigation the 
presence of these diseases can be made manifest when symptomatology fails, thus 
enabling the boards of health to make timely provision against the spread of the 
disease, and by so doing save the health and life of many citizens; and whereas 
these investigations can only be safely made in a laboratory fully and properly 
equipped for the purpose, and managed by skilled manipulators of special knowl- 
edge and experience in the sciences of pathology and bacteriology; and whereas 
Delaware College possesses excellent facilities in the way of suitable rooms and 
adequate equipment of libraries and apparatus, and besides offers at no cost the 
supervision of a trained bacteriologist as a guaranty of the character of the work; 
and whereas a simil?ir line of work as regards domestic animals is carried on at 
the college under the provisions of the Hatch bill, none of which provisions could 
be used for the purposes contemplated in this act: Therefore, 

Section 1. In addition to the duties and powers with which the board of health 
of the State of Delaware is now invested by the constitution and laws of this State, 
it is hereby empowered to establish and supervise a pathological and bacteriolog- 
ical laboratory at Delaware College, and to supplement the equipment already 
there with any additional appliances necessary to make it perfectly safe and 
reliable for the thorough use of any or all of these means of protecting the citi- 
zens of the State against the spread of disease. 

Sec. 2. The said laboratory shall, by and with the advice and consent of the 
board of trustees of Delaware College, be located in buildings now belonging to 
said college, and said board of trustees shall furnish sucla accommodation of 
rooms, apparatus, and skilled supervision as may be required for said laboratory. 

Sec. 3. The pathologists and bacteriologists, elected as hereinafter provided, 
shall conduct the routine work of said laboratory under the direction and super- 
vision of the bacteriologist of Delaware College, and shall make all examinations 
and analyses, etc., that may be necessary, under the direction of the board of 
health of the State, for all the purposes that may be required to fully execute the 
intents of this act: Provided, hoivever. That this shall not be so construed as to 



42 EDUCATIOIT EEPOST, 1901-1902. 

interrupt or limit the power in tlie full control and management of the laboratory 
of the State board of health. 

Sec. 4. All physicians, dentists, veterinary stirgeons, or others practicing med- 
icine or snrgery or any branch thereof under the laws of this State shall be 
required to give prompt notice to the local or State board of health of any and all 
cases of contagious or infectious disease that may come under their professional 
notice, and shall have free access to the V7ork of the laboratory for the determina- 
tion of the diagnosis of any doubtful or suspicious case by forwarding (prepaid) 
a sufficient sample of urine, blood, sputum, or other substance of such case fo the 
said pathologist and bacteriologist at Newark for esa^niination, who shall exam- 
ine the substance so sent and report to the physician, dentist, or others aforesaid 
sending the same the results of said examination without any unnecessary delay 
and without further charge; the said physician, dentist, or others aforesaid shall 
report the result immediately as herein above required: Provided, however. That 
nothing in the act shall be so construed as to prevent the board of health of the 
State from making full pro\dsion for the free use of the laboratory for the exam- 
ination of any matter or substance so as to determine the diagnosis of diseases 
neither contagious nor infectious, and either local or constitutional, and for the 
examination of water or food supply for any citizen of the State. 

Sec. 5. The regular annual meeting of the board of health of the State shall be 
held at Newark, * *•' * at which meeting the pathologist and bacteriologist 
shall be elected annually by the action of the said board of health. 

Sec. 6. The sum of $.3,500 annually shall be appropriated for the salary of the 
bacteriologist and all other expenses of the said laboratory, and the same is hereby 
appropriated out of any funds in the hands of the State treasurer not otherwise 
appropriated, and the annual expenses of the same thereafter. The said appro- 
priations hereby made to be drawn by orders on the State treasurer, signed by the 
president and secretary of the State board of health, the accounts to be audited by 
the auditor of accounts of the State annually, as now required for the other 
accounts of the State board of health. 

Sec. 7. This act shall be deemed and taken to be a jJiiblic act, and shall go into 
effect immediately on its passage. 

Sec. 8. It is hereby made the duty of the said pathologist and bacteriologist, 
whenever requested by the attorney-general, to make any and all examinations of 
any person or persons, or any organ or organs, or any part or parts of any person 
or persons, vdth the view of determining the cause or causes of death, and make 
a prompt report, without charge to the State or any county thereof. 

(March 23, 1899, as amended by chapter 135, volume 22, laws of Delaware, Feb- 
ruary 25, 1901.) 

Chapter 213, vokime 21, Laws of Delaware: 

Section 1. The State chemist is hereby required, when any person or persons 
purchasing any fertilizer sold in this State and composed of one or several 
ingredients from any manufacturer or vendors for their own iise, and who them- 
selves, the purchasers, are citizens of this State, submit to said State chemist fair 
samples of any such fertilizer for analysis in the manner prescribed in section 6, 
chapter 438, volume 17, Laws of Delaware, to make any and all such analyses for 
the sum of $1, to be paid by said purchaser. 

Sec. 2. The provision that said State chemist shall receive the sum of $1 only 
when he makes analyses mentioned in section 1 of this act shall not be construed 
to mean that said State chemist is to be paid $1 for each ingredient in any fer- 
tilizer mentioned in section 1 of this act and so analyzed by him. 



FLORIDA. 

Statutes of Fl 

.] 



[The following" ma.tter is taken from the "Revised Statutes of Florida, prepared by W. A. 
Blount, C. M. Cooper, L. C. Massey, commissioners," Jacksonville, 1892.] 

Sec. 2T8. The Florida Agricultural College is established. 

Sec. 279. The design of this institution is to teach such branches of learning as 
are related to agriculture and mechanic arts, without excluding other scientific 
and classical studies, and including military tactics, in order to promote the liberal 
and practical education of the industrial classes in the several pursuits and pro- 
fessions of life. 

' Sec. 280. [Amended by section 4233.] The superintendent of public instruction, 
commissioner of agriculture, and the State treasurer by virtue of their said offi- 
ces, and the other persons who are now members and trustees of this corporation, 
and their successors, are a body corporate and politic, by the name of the Florida, 



LAWS RELATING TO LAND-GRANT COLLEGES. 43 

Agricultural College, with tlie general powers of a corporation for said purposes, 
including the right of perpet^ial succession and to have a corporate seal. 

[In State v. Knowles et al. (holding tliemselves to be a body corporate) , the court said (16 
Fla., p.61t3): "The next general proposition as to this statute is that it impairs the obligation 
of contract. The statute changes the trustees of this college. It substitutes the trustees named 
in the act of 1877 for those named in the act of 1873, as the act of 1873 substituted those named 
in it for those mentioned in the act of 1870. The ground upon which this view is based is that 
this is a private not a public corporation. The corporation is itself founded by the State through 



in the funds. They were derived from the government. The founder of this institution was 
the government of the State of Florida and the property which constituted its basis was public 
moneys of the State of Florida derived by it from the Government of the United States in 
trust for the establishment of an institution of this character. It never was the purpose of the 
State of Florida to give these trustees any private right to this property. Throughout the whole 
legislation they are shown to be simply public agents to manage a public property. The only 
right they have to it is by the legislation of the State, and every section of these acts shows that 
it was founded by public funds, and for a public purpose. (4 Wheaton, .5 Stewart & Porter.)" 
It may be true that any legislation of the State appropriating these funds to any other pur- 
pose than that purpose named in the act of Congress might have been in bad faith, but that is a 
matter which does not concern these trustees, nor does this fact change the nature of the insti- 
tution. It is insisted that the obligation of a contract with W. H. Gleason [whose offer of 2,000 
acres of land had been accepted] is impaired by the act of 1877, in that it directs a removal of 
the college. This question is entirely independent of the question raised in this case, which is 
the right of the trustees to hold and exercise a public trust against the provisions of a statute 
naming other persons trustees in their stead. Because they have made a contract with some 
one else can not extend their powers or rights. The question whether a city or town has made 
a contract with A, B, or C is entirely distinct from the question whether the legislature may not 
change the affairs of a public municipal corporation. What has been said disposes of the fur- 
ther objection on the ground that these respondents are deprived of their property without due 
process of law. Holding their franchises subject to legislative action, legislation depriving 
them of them is due process of law."] 

Sec. 281. [Amended by section 4333, section 2, post.] The superintendent of public 
instruction and the said State treasurer shall by virtue of their offices as such be 
president and treasurer of said board of trustees of said college, and the said board 
shall elect a vice-president, secretary, and executive committee, which committee 
shall consist of five members. Said ezecutive committee is empowered to act in 
behalf and under directions of the board between the regular meetings of the 
same, and detei-mine all the matters relating to oSicers or committees and make 
all needful rules and regulations for the management of the affairs of the board. 

Sec. 282. The treasurer herein appointed shall receive and, if necessary, demand 
and sue for in his own name as treasurer all property and debts belonging to said 
board. 

Sec. 283. The said corporation shall have power to build and construct a col- 
lege building and such other buildings and outbuildings as they may deem, nec- 
essary, to contract and be contracted with, to sue and be sued, plead and be 
impleaded in all courts of law and equity, to receive donations and make purchases 
of lands, and to sell and convey the same. 

Sec. 284. [Repealed. See section 3 of section 4233, post.] Said trustees shall have 
power to remove any member from said corporation when, by continued neglect, 
he fails to perform his duties, or when by reason of age or infirmity he shall have 
become permanently incapable of performing them. They shall also fill by elec- 
tion any vacancy that may occur in their board, subject to the approval of the 
judges of the supreme court. 

Sec. 285. The trustees shall receive no compensation for their services while 
attending any of the meetings of the board, but may be allowed their necessary 
expenses while going to, from, and attending such meetings. 

Sec. 286. Said trustees are hereby authorized to claim and receive from the 
Secretary of the Interioi the agricultural college land scrip to which this State is 
entitled by act of Congress July 2, 1862, and acts supplemental thereto. ^Said 
scrip is hereby transferred and assigned to and vested in the trustees of the 
Florida Agricultural College and their successors and assigns forever. They 
shall, when in their judgment it will best promote the object for which they are 
chosen, sell and assign the scrip, or locate and thereafter transfer and convey 
the lands, and -ase the proceeds as herein directed. 

Sec. 287. Ten per cent of the proceeds of the sales of the scrip or of the lands 
may be expended for the purchase of a site for an experimental farm. The 
remainder of the proceeds shall be invested in the stocks of the United States or 

a The first of these, of course, refers to the Dartmouth College cases, the second to the Ala- 
bama case (1833), Trustees of University v. Winston. "The trustees of the University of Ala- 
bama compose a public corporation entirely within the control of the legislature, and the latter 
has authority, by the passage of any statute or statutes, to alter, amend, vary, or enlarge tha 
original acts of incorporation." 



44 EDUCATION REPORT, 1901-1902, 

of some of the States of this Union, hearing an annual interest of not less tlian 6 
per cent on their par value, and shall remain a permanent fnnd forever. The 
annual interest of the fund shall be regularly applied, without diminution, to 
the pui-poses set forth in section 379. Donations may be received for specific pur- 
poses, and shall be applied to the objects for which they were granted. 

Sec. 288. No portion of the principal or interest of the fund shall be applied, 
directly or indirectly, under any pretense whatever, to the purchase, erection, 
preservation, or repairs of any building or buildings, or for expenses incurred in 
selling the scrip, locating the lands, or in managing the funds of the lands. No 
scrip, lands, or property of whatever kind that may be obtained and held by said 
corporation under this chapter, whether of buildings, grounds, farms, workshops, 
fixtures, machinery, apparatus, cabinets, library, furnituLre, or other valuables, 
shall be encumbered, aliened, or otherv/ise disposed of by the said trustees, or by 
any other person or persons, contrary to the provisions of this chapter, except 
on such terms as the legislature shall have previously approved, and any act of 
said trustees or any other person or persons which shall have or be intended to 
have such effect shall be void. 

Sec. 289. The college shall remain at its present location unless the same be 
changed by statute. 

•Sec. 290. The indebtedness of the State to the agricultural-college fund and 
the evidences of such indebtedness remain as heretofore provided by law. 

Sec. 291. The board of trustees shall choose a president of the college and such 
professors, teachers, STiperintendents , and employees as the necessity of the insti- 
tution may demand. They shall fix their compensation, define their duties, limit 
their powers and the duration of their terms of office; also make all general pro- 
visions for the management of the college in its several departments. They may 
limit the number of students and confer appropriate degrees. 

Seo. 292. The president, professors, and superintendents of said college, and the 
secretary of the board of trustees, shall constitute the faculty of the college. 

Sec. 293. The faculty shall have the immediate charge and management of the 
college and farm; shall determine the basis of admission, the length of complete 
and partial courses of study, the studies to be pursued, and the text-books to be used; 
also the daily hours for labor and of attendance upon the exercises of the institution. 
They shall likewise make all needful rules and regulations for the government 
and discipline of the students, and for promoting in the highest degree their 
morals, health, decorum, and scholastic advancement; all of which shall be sub- 
ject to revision, alteration, or rejection by the board of trustees. 

Sec. 294. The several departments of the college shall be open to applicants for 
admission at the lowest rate of expense consistent with the welfare and efficiency 
thereof, as herein provided, and without further distinction as to class or locality, 
to Vv'it: Each county shall be entitled to send annually, or so often as vaca> cies 
may occur, one student for each member of the assembly from that county; uch 
students shall be selected by the boards of public instruction of the several coun- 
ties from among the most advanced piapils in the common and higher schools 
therein who may present themselves as candidates. Each county board of public 
instruction shall annually, or as often as vacancies occur which should be filled 
by the county, give early notice of such vacancy, and of the time and place of 
meeting for the examination of the candidates. The county board shall then and 
there, by themselves, or with the assistance of such persons as they may appoint, 
examine such candidates ajid select those best qijalified as to scholastic attain- 
ments, good health, and upright moral character, and furnish them with certifi- 
cates of selection for admission, subject to the reexamination and approval of the 
faculty of the college. In case any board of instruction fails to attend to the 
above duty, then pupils holding high rank in their schools in that county may 
make application in person to the faculty of the college and be examined and 
admitted on the same terms as they would have been had they passed a pi-elimi- 
nary examination before the board of instruction of their county. But in case 
such vacancies remain unfilled students may be selected from the State at large 
by the faculty. 

Sec. 295. Each senator during his term of office shall be empowered to nominate 
one student, who shall be a resident of his senatorial district, to said State Agri- 
cultural College, who shall be entitled to receive the benefit of a full course of 
instruction at said college without any charge for tuition, subject to such rules 
and regulations as may be established for the government and direction of said 

coll 6 ^G. 

Sec. 296. The comptroller is authorized to make examinations from time to 
time, as he may see fit, into the actions and doings of said trustees, to the end 
that he may ascertain whether the funds committed to them are and have been 



LAWS RELATING TO LAND-GEANT COLLEGES. 45 

managed ficcordlng to the letter and intent of this chapter. Said trustees shall 
report to the comptroller annually on the 1st day of October, in such form as the 
comptroller may direct, the amount of land or land scrip sold, the price and terms 
of sale, the amount of money received therefor, the disposition made thereof, and 
the exi^ense incurred in the sa,le. 

Sec. 297. The trustees shall make an annual report to the superintendent of 
public instruction on or before the 1st day of October, to be by him printed with 
his report and laid before the legislature at the beginning of each regular session. 
Such report shall give a full exposition of the financial condition of the corpora- 
tion, the progress and improvements made, the nature, cost, and results of experi- 
ments, and such other matters, including State industrial and economical statistics, 
as may be supposed useful; one copy of which the superintendent shall transmit 
by mail to each of the other colleges which were endowed under the provisions 
of the act of Congress of July 2, 1862; also a copy to the Secretary of the Interior, 
and one to each House of Congress. 

Sec. 298. The legislature may add other departments of learning to this college 
when the endowment of such departments shall have been provided for. 

Sec. 299. The justices of the supreme court shall constitute an examining com- 
mittee, with power to investigate the affairs of the college and the corporation, 
and to appoint proxies to act in their stead. 

Sec. 300. The legislative assent of the State of Florida is hereby given to the 
act of Congress entitled "An act to establish agricultural experiment stations in 
connection with the colleges established in the several States under the provisions 
of an act approved July 2, 1862, and of the acts supplementary thereto," and to 
the grants of raoney authorized by said act, and to the purpose of said grant. 

Sec. 4233 (Acts and Resolutions, 1893). Section 1. Section 280 of the revised 
statutes of the State of Florida is hereby amended so as to read as follows: "Sec. 
280. The Florida Agricultural College shall be under the direction of a board of 
seven trustees, who shall be appointed by the governor by and with the consent 
of the senate, not more tha,n two of whom shall be residents of the town or county 
in which the college is located, and who shall hold their office for four years." 

Sec. 2. Section 281 of the revised statutes of the State of Florida is hereby 
amended so as to read as follows: "Sec. 281. The members of said board of 
trustees shall annually elect from their number a president and a secretary. The 
State treasurer shall, by virtue of his office, be the treasurer of said board; and 
said board shall elect a vice-president and executive committee, v/hich committee 
shall consist of three members. Said executive committee is empowered to act in 
behalf and under the direction of the board betv/een the regular meetings of the 
board, and determine all the matters relating to officers or committees, and make 
all needful rules and regulations for the management of the affairs of the board 
of trustees." 

Sec. 3. Section 284 of the revised statutes is hereby repealed. 

Sec. 4234 (Ibid.). Section 1. There shall be established at some suitable point 
in Florida possessing climate conditions for growing all kinds of pla,nt life, includ- 
ing cinchons, logwood, and camphor, olive and India rubber trees, also vanilla, 
tea, coffee, jute. New ZepJand flax, etc., on muck lands over which the trustees 
of the Internal Improvement Fund have exclusive control under the act of Con- 
gress of September 28, 1850, an experimental station, to be operated by or under the 
supervision of the commissioner of agriculture, and under such rules, regulations, 
and conditions as may be prescribed by the trustees of the Internal Improvement 
Fund of the State of Florida. 

Sec. 2. For the purpose of carrying out the provisions of section 1 of this act 
and to create a fund for the establishment and maintenance of said agricultural 
station, and for the further drainage and reclamation of the lands set apart for 
that purpose, the trustees of the Internal Improvement Fund of the State of 
Florida, are hereby a,uthorized and. directed to set apart 100,000 acres of the land 
granted the State of Florida by the act of Congress of September 28, 1850, to be 
sold at such prices as may be fixed by the trustees and the proceeds thereof to be 
expended by the said trustees of the "internal Improvement Fund in carrying out 
the provisions of section 1 of this act. 

Sec. 269. A normal school « for colored teachers is established at Tallahassee, 
Leon Coiinty, similar in all respects as prescribed for the establishment of the 
normal school for white teachers, and subject to the direction and control of the 
State board of education. 

«The funds granted to the State of Florida under an act of Congress approved August 30, 1890, 
are divided equally between this institution and tlie Florida Agricultural College. 



46 EDUCATION EEPOET, 1901-1902. 

GEORGIA. 

Constitution (1877), section 6, paragraph. 1: The trustees of the University of 
Georgia may accept bequests, donations, and grants of land or other property for 
the use of said university. In addition to the payment of the annual interest on 
the debt due by the State to the university, the general assembly may, from time to 
time, make such donations thereto as the condition of the treasury will authorize. 
And the general assembly may also, from time to time, make such appropriation 
of money as the condition of the treasury will authorize, to any college or uni- 
versity (not exceeding one in number) now established or hereafter to be estab- 
lished in this State for the education of persons of color. 

[The following matter is taken from "The code of Georgia, prepared by John L. Hopkins, 
Clifford Anderson, and Joseph S. Lamar," Atlanta, Ga., 1896.] 

Sec. 1271. The government of the University of Georgia, at Athens, is vested 
in a board of trustees, who are subject to the general assembly. 

Sec. 1272. For such purpose they are a body corporate and politic, by the name 
of the "trustees of the University of Georgia," by which they shall have a per- 
petual succession, have and use a common seal, and be a person in law able to 
plead and be impleaded, to hold and acquire real and personal estate, with power 
to lease and otherwise manage the same for the good of the university. All money 
or property granted by the State, or individuals, for the advancement of learning 
in general is vested in such trustees. 

Sec. 1273. The board of trustees of the University of Georgia shall be composed 
of one member from each Congressional district, fotir from the State at large, 
two from the city of Athens, and the chairman ex officio of the local board of 
trustees of the Technological School, all of whom, except the latter, shall be 
appointed by the governor and confirmed by the senate, under the rules govern- 
ing the appointment and confirmation of other oflficers of this State required by 
law to be confirmed by the senate. 

Sec. 1274. The term of office of said trustees shall be eight years and until their 
successors are appointed, confirmed, and qualified. The first appointments shall 
be made by the governor before the 1st day of September, 1889, and confirmed by 
the senate. Four of them shall be appointed for two years, four for four years, 
and four for six years, and four for eight years, and as the terms of these appointees 
expire tbeir successors shall be appointed and confirmed biennially thereafter for 
a full term of eight years. There shall be two trustees from the city of Athens, 
exclusive of one from the Congressional district in which said city may be located. 

Sec. 1275. Persons to be eligible to the office of trustee shall be citizens of this 
State; shall be residents of the districts from which they are appointed; shall be 
at least 25 years of age, and shall not be a trustee of any other male college or 
university, excluding branch colleges of the university and high schools or acad- 
emies, and shall be chosen with special reference to their fitness and capacity to 
exercise the duties of trustee. The governor shall be ex officio a member of the 
board of trustees and shall attend its meetings when possible, and is entitled to all 
the privileges of a member of the board. 

Sec. 1276. In case of the death or resignation of any member of the board, the 
governor shall fill such unexpired term in the manner above provided, such 
appointment to be confirmed by the senate at the session after the same is made. 

Sec. 12'77. The board of trustees shall elect one of their number as their presid- 
ing officer, who shall be called the chairman of the board of trustees. The board 
may meet subject to their own order, but they must assemble in annual session in 
the city of Athens on the Thursday preceding the Sunday of the commencements 
of the university. They may establish such rules and regulations for their own 
direction as they deem proper; may fix the terms of the office of their chairman 
and secretary; and are vested v/ith all the powers, privileges, and rights vested in 
the former board of trustees, and are charged with all the duties, obligations, and 
responsibilities incumbent on the same. 

Sec. 1278. It shall be the duty of the members of the board of trustees of said 
institution to attend the meetings of the board, so as to take part in its delibera- 
tions; and whenever any trustee shall be engaged, at the time prescribed for the 
annual meeting of the trustees, as counsel or party in any case pending in the 
courts of this State, and such case shall be called for trial during the regular ses- 
sions of said board, his absence to attend such session shall be good ground for 
postponement or continuance of the case till the session of the board shall have 
come to an end. 

Sec. 1279. The office of any member of the board of trustees shall be vacated if 
he neglects to furnish good and satisfactory excuse, in writing, to the board for 



LAWS RELATING TO LAISTD-GEANT COLLEGES. 47 

absence from two consecutive meetings thereof; and if any member for any cause 
fails to attend three successive meetings of the board, his office shall be declared 
vacant by the board, and the secretary shall in either event notify the governor 
of a vacancy in the board, and the governor shall fill the same as above pro- 
vided for. 

Sec. 1380. The members of the board shall each receive (for the payment of 
expenses actually incurred by them) the sum of i3;4 for each day of actual attend- 
ance at the meetings and mileage in actual fare to and from the place of meeting 
by the nearest practicable rotite from their respective homes, said expenses and 
mileage to be paid by the State treasurer out of the funds of the State by execu- 
tive vfarrant, on presentation of vouchers of the members approved by the chair- 
man and signed by the secretary of the board. The members of said board shall 
receive no emolument or compensation for their services as such members. 

Sec. 1281. The board of trustees shall submit to the general assembly, through 
the governor, biennial reports of their transactions, together with such informa- 
tion as is necessary to show the condition of the university , with such suggestions 
as it may think conducive to the good of the tiniversity and the cause of educa- 
tion in the State. 

Sec. 1282. In prescribing the course of study to bo followed in said university 
it shall be the duty of the trustees, in so far as the same can be done without det- 
riment to other departments, to encourage and promote by the disposition of the 
time and attention of the students the regular course of bachelor of arts, in order 
that said course shall not be subordinated to any other course in the institution. 

Sec. 1283. The board of trustees shall, in their discretion, ordain and establish 
such rules and measures as will, in their judgment, tend to secure the efficiency 
and promote the success of the two literary debating societies in said institution, 
and to the encouragement of oratory and composition among the students attend- 
ing the exercises in these societies. 

Sec. 1284. The trustees have power: 1. To elect their own officers, such as 
chairman, vice-chairman, secretary, treasurer, or such of them as they may 
require, and also all other officers they may deem necessary for their organization. 
2. To elect a presiding officer of said university, who shall be styled the " chan- 
cellor of the University of Georgia," and in case of a vacancy in his office, unsup- 
plied, to create such office and make such arrangement for the conduct of the 
institution as to them shall seem fit. 3. To elect or appoint professors, tutors, 
stewards, or any other officer necessary; to discontinue or remove them as the 
good of the university may require, and fix their salaries. 4. To prescribe the 
course of studies to be pursued by the students, the terms and manner of gradu- 
ating, and of conferring all the degrees. 5. To establish all such schools of learn- 
ing or art as may be useful to the State, and to organize the same in the way 
most likely to attain the ends desired. 6. To call on all persons who may have, 
or have had, any funds, property, papers, or books belonging to the university, 
to deliver them up and make settlements. 7. To adjust and deteiTnine the 
expenses of the institution. 8. To exercise any power usually granted to such 
incorporations necessary to its usefulness, and not in conflict with the constitution 
and laws. 

Sec. 1285. The chairman of the board and two of its members may appoint a 
meeting at any time by giving to the others at least ten days' notice, by letter or 
otherwise. When the chairman does not act the senior trustee present shall pre- 
side, and in all other respects discharge his duties; when the board is divided the 
presiding officer sha.ll give the casting vote, or may vote to make a tie. A major- 
ity of the body present shall govern, if a quorum. Nothing done at a special meet- 
ing shall be binding after the rising of the next annual meeting, unless then 
confirmed. 

Ssc. 1286. Sach trustees shall never dispose of the stock by them subscribed 
for, except with the consent of the general assembly, but the dividends therefrom 
may be drawn and used as the various demands of the university may require. 

Sec. 1287. The governor shall annually appoint five experienced educators, cit- 
izens of the State, as a special board of visitors to attend the examinations at the 
University of G-eorgia, preceding the annual commencement, to examine person- 
ally into the condition and management of said institution. Said visitors, or a 
majority of them, shall submit their report in writing as soon thereafter as pos- 
sible to the governor, in which they shall report upon the character of the exam- 
inations aforesaid, the condition and management of said institution, together 
with such suggestions and recommendations thereon as they may deem proper. 
Said reports shall be laid before the general assembly by the governor. 

Sec. 1288. A majority of said board shall constitute a quorum. Such visitors 
shall receive, as compensation for their services, $4 per diem, estimating from the 



48 EDUCATION REPORT, 1901-1902. 

date of leaving their homes, and mileage each way by the nearest practicable 
ronte to Athens at the rate of 3 cents per mile. The whole service of said board 
shall not exceed ten days. 

Sec. 1289. The board of visitors for the University of Georgia shall complete 
the report required of them and lay the same before the trustees of said institu- 
tion on or before the Saturday preceding the annual commencement day of said 
institution. The said board of visitors shall also, at the same time, present to the 
trustees, in writing, any matter of importance coming to their knowledge during 
their examination of the institution which, in their opinion, is material to the 
welfare, good management, and success of the same, making such suggestions 
touching the matter as may seem to the said board of visitors meet and proper: 
Provided, however. That the making of the report herein provided for shall not 
take the place of the report now required to be made to the governor under exist- 
ing laws. 

Sec. 1290. The board of trustees of the University of Georgia shall give to said 
report and the matter accompanying the same due and careful consideration, and 
in their discretion take final action on such matters as may be therein embraced 
looking to the welfare, government, discipline, and success of said institution. 

Sec. 1391. The governor shall lay the reports, respectively, of the board of 
trustees and the board of visitors, annually, before the general assembly, in con- 
nection with his annual message, with such comments as he may see proper, and 
when so done the general assembly has power to revise and approve or reject the 
action of the board of trustees. 

Sec. 1293. No person of any religious denomination shall be excluded from 
equal advantages of education and the immunities of the university on account of 
their speculative sentiments on religion, or for being of a different religious pro- 
fession from the trustees or faculty. 

Sec. 1393. The chancellor of the university, its professors and tutors, shall not 
be required to take certain oaths prescribed in its charter. 

Sec. 1394. The chancellor has the authority to appear before the general assem- 
bly once at each session and address them in person on the condition, interests, 
and wants of the university. 

Sec. 1395. The university may confer degrees as follows: (1) To each graduate 
of the university the degree of bachelor of arts; (3) to each graduate of the uni- 
versity, or of another college, of three years' standing, or to such graduates as 
have passed a year in the university schools (all being of good moral character), 
the degree of master of arts; (3) to all law students who have attended the lec- 
tures of the professors, and are recommended by them for the same, the degree of 
bachelor of laws; (4) to the graduates of such medical school as may be estab- 
lished by the trustees of the university, the degree of doctor of medicine; (5) to 
students in the university schools of two years' standing and proficient in two or 
more of them, the degree of doctor of philosophy; (6) to persons distinguished for 
learning, ability, and character, according to their respective vocations, the degree 
of doctor of laws, or of divinity, and, where appropriate, both. It may also con- 
fer such other degrees and honors as may tend to the promotion of the arts and 
sciences. 

Sec. 1296. By the authority of the board of trustees there shall be established, 
in connection with the university, an institute combining the instruction usually 
given in academies and to the lower classes in colleges, and by the same authority 
there may be a reduction of the number of years usiially spent in colleges prior to 
graduation. University schools for professional education, including the applica- 
tion of science to the industrial arts as well as to the more abstruse and recondite 
sciences, and especially for the promotion of medical and legal education, not 
omitting the application of chemistry to agriculture and mathematics to civil 
engineering. 

Sec. 1397. There is reserved and set apart for the university campus, not sub- 
ject to alienation, 37 acres of the tract of land donated to the university by the 
late Governor John Milledge. 

Sec. 1298. The permanent income of said university from its bank stock shall 
not be less than $8,000 annually, and when the dividends from the bank shall not 
be equal to said sum, the governor is required to make up the deficiency semi- 
annually by his warrant on the State treasurer for its payment out of any money 
not otherwise appropriated. 

[For the character of the funds see act 95 of 1898, post.] 

Sec. 1299. The various acts of the general assembly relative to said imiversity 
in force at the time of the adoption of this code, if not embraced herein and not 
inconsistent with what is so embraced, are still of force. 



LAWS KELATmG TO LAND-GKAWT COLLEGES. 49 

rin the case of Dart et al. v. Houston, 23 Ga. (1&57), tho supreme court remarked in decid- 
ing a controversy as to the legal status of the corporation known as the Glynn County Acad- 
emy: "It is necessary in the outset to consider whether the 'Trustees of the Glynn County 
Academy' be a corporation of the class which constitutes a contract between tho State govern- 
ment and the corporators within the meaning of that clause of the Federal Constitution which 
inhibits a State fi'om passing a law impairing the obligation of contracts. * * * Chief Justice 
Marshall, in delivering the opinion of the eoui-t in Dartmouth College v. Woodward, remarked 
that 'if tho act of incorporation be the grant of political jiower, if it create a civil institution to 
be employed in the administration of the government, or if the funds of the college be public 
property, or if the State of New Hampshire, as a government, be alone intei'ested in the trans- 
actions, the subject is one in which tlie legislature of the State may act, according to its own 
judgment, unrestrained by any limitation of its power imposed by the Constitution of the 
United States. ' * * * We will now trace the history of the Glynn County Academy. The 
fifty-fourth clause of the constitution of February, 1777, declares that ' schools shall be erected 
in each county, and supported at the general expense of the State, as the legislature shall here- 
after point out.' The tourteenth section of the act for the more full and complete establishment 
of a public seat of learning in this State declares that all public schools instituted or to be sup- 
ported by funds or public moneys in this State shall be considered as parts or members of the 
university, and shall be under the foregoing rules and regulations (being those prescribed for 
the university). Those rules and regulations show that the action of the board of visitors and 
the board of trustees was to be submitted to the supervision of the general assembly. * * * 
Commissioners were appointed for the town of Brunswick (1788) who were authorized tosurvev 
the town, and to sell all or any of the vacant lots in said town, except such as were reserved for 
public use, and the moneys arising from the sale were to be applied to the building and support 
of an academy in said town, and to no other purpose whatever. * * * in 1813 the legislature 
enacted that the commissioners of the town and commons of Brunswick should be commission- 
ers of the academy, and appointed commissioners in 1814 and authorized them to sue and sub- 
jected them to suit. * * * In 1829 the inferior court of Glynn County was authorised and 
empowered to sell the academy building in said county and to apply the proceeds of the sale to 
the education of poor children in said county and for other county purposes. * * * In 1838 the 
Brunswick Academy was incorporated, and the act to authorize the trustees of the Glynn County 
Academy to establish free schools in said county was repealed. * * * The university was estab- 
lished in 1785, and the act establishing it made all public schools instituted or to be supported by the 
State members of the university and subject to the same rules and regulations, which placed 
them under the control of the general assembly. * * * The question is as to the legislative 
control claimed and exercised over the government of the academy. It was exercised and its 
act acquiesced in. * * * If the academy had been founded on private donations and incorpo- 
rated in consideration thereof, the case would have fallen within the decision of the Dartmouth 
College case; * * * but the funds of the academiy are public property, and the legislature was 
not, therefore, restricted by any limitation of State power in the Fe'deral Constitution from pass- 
ing the act of 1854, which we are asked to declare void." 

In the Georgia Military Institute v. Simpson, contractor, in 1860, the court touched upon the 
same points, but in the way of arbiter. " The character of this institution," said the court, "is 
somewhat amphibious. It was originally a private coi-poration. It was purchased by the State. 
in 1857, and it is difficult to. determme now what is its true character. It is purely a public cor- 

E oration, bought with the funds of the State, and under its exclusive management and control. 
t has two boards— a board of trustees and a board of visitors— and it is no easy matter to dis- 
tinguish between the two. By the fourth section of the act of 1857 it is declared: ' There shall 
be a board of trustees, who shall exercise all the powers and faculties usually exercised by trus- 
tees of colle^'es.' Does this subject the State, through this corporation, to be sued? We think 
not. Special power was given to sue the Central Bank and the State Road. There is no such 
authority confei-rcd as to this institution. * * * In this suit the trustees only were served. 
* * * [Now,] the contract out of which this action originated was made with the board of 
visitors. * * * it is manifest, then, that the Georgia Military Institute, if suable at all, 
which U'C very much doubt, can not be made chargeable through the board of trustees. * * * 
The appeal, therefore, must be to the public authorities and not to the courts."] 

Acts and Eesolutions, No. 95, 1898: Section 1. From and after the passage of 
this act, v/henever the trnstees of the university shall, through their duly author- 
ized agent or officer, present at the State treasury for redemption any valid, 
matured bond of this State as the property of such university, it shall be the duty 
of the governor to issue such trustees, in lieu of said matured bond so presented 
for payment, an obligation in writing, in the nature of a bond, in amount equal 
to the principal of matured bond, and falling due fifty years from the date of such 
issue, the same to bear interest at the rate of 31 per cent per annum, and not sub- 
ject to be called in for redemption by the State before that time, nor to be nego- 
tiated or transferred by said trustees, said new bonds or obligations to be payable 
to the said trustees alone, and to be issued under the great seal of the State, and 
signed by the governor and countersigned by the secretary of state. The inter- 
est thereon to be paid semiannually on the 1st days of January and July of each 
year, the terms i^rescribed by this act for the issue of such obligations to be fully 
expressed in the body thereof, the amount of money necessary to pay the inter- 
est on such obligations being herein annually appropriated. (December 20, 1898. ) 

Ibid., No. 158: The board of trustees of the university of the State are hereby 
authorized to operate regular summer sessions of the University of Georgia in 
graduate courses and work closely related thereto, including psychology and the 
history and philosophy of education, for the special benefit of the white teachers 
of the State without regard to sex or age. (December 23, 1898.) 

Sec. 1300. The Greorgia Normal and Industrial College, at Milledgeville; State 
Normal School, at Rock College, Athens; State College of Agriculture and 

ED 1902 4 



50 EDUCATION KEPOET, 1901-1902. 

Mechanic Arts, at Athens, with the Agricnltural Experiment Station connected 
therewith, at Grififin; North Georgia Agricultural College at Dahlonega; Medical 
College of the University of Georgia, at Augusta; the Technological School, at 
Atlanta; Georgia State Industrial College for Colored Youth, at Savannah, are 
branches of the University of Georgia, and are governed in the manner prescribed 
in the respective acts incorporating the same. 

Sec. 1301. All the branch colleges of the State University of Georgia, now or 
hereafter established, except the last mentioned in the preceding section, shall be 
open to all white female students of proper age and qualifications, with equal 
rights and privileges as those exercised and enjoyed by the male students of stich 
institutions, under such rules and regulations as may be prescribed by the several 
boards of trustees of said institutions. 

Sec. 1303. The board of directors of the Georgia Experiment Station shall have 
conducted throughout the State each year, during the season most convenient to 
the agriculturists, a series of farmers' institutes for the instruction of the citizens 
of this State in the better methods of agriculture in its various branches. These 
institutes shall be held at such time and places as said board may direct. The 
board shall make such rules and regulations as it may deem proper for organizing 
and conducting such instittites. In selecting lecturers for said institutes prefer- 
ence shall be given to practical successful farmers possessing aptitude for the 
work. The exercises of such institutes shall be so arranged as to present the 
results of the most recent investigations in practical agriculture. 

Sec. 1303. It shall be the duty of said board to apply exclusively to the support 
of said institutes any moneys which may come into its possession under any act 
which the Federal Congress may hereafter pass in aid of farmers' institutes and 
any moneys which may be derived from any other source as a gift or donation in 
aid of farmers' institiites. Said board shall account to the governor for all such 
moneys quarterly, showing in detail amounts received, sources whence derived, 
and how expended. Reports as to moneys which m.ay be received under any act 
of the Federal Congress as above indicated shairconf orm to Congressional require- 
ments. Biennially said board shall, through the commissioner of agriculture, 
report to the governor in detail its acts and doings as to said institute. The 
biennial reports shall embrace ail the facts contained in the quarterly reports 
herein required. 

Sec. 1015. [Public Propertry, chapter 1 — Public buildings.] The State has an 
interest in the university at Athens, the asylum for the blind at Macon, the build- 
ings of the Technological School, and of the other branch colleges. 

Joint resolution, November 26, 1890: The State of Georgia hereby accepts the 
donation from the United States of a part of the proceeds of the public lands to 
be paid and used as provided in an act of Congress of the United States, approved 
August 30, 1890, upon the terms and conditions prescribed therein. 

General laws, 1890-91: Section 1. There shall be established in connection with 
the State university, and forming one of the departments thereof, a school for 
the education and training of colored students. Said school shall be located, 
equipped, and conducted as hereinafter provided. 

Sec. 3. The governor shall appoint five fit and discreet persons, residents of this 
State, to be known as the "Commission on the school for colored students," 
who shall serve without pay, except that their actual expenses while away from 
their several places of residence, attending to the duties of such commission, may 
be allov/ed, as hereinafter provided; and they may select from their number a 
chairman and secretary, prescribe rules and regulation for their government, 
accept the resignation of any member, and fill all vacancies. A majority shall 
constitute a quorum for the ti'ansaction of business. 

Sec. 3. It shall be the duty of said commission, as soon as practicable after the 
passage of this act, to procure the grounds and buildings necessary for the estab- 
lishment of the school herein provided for. It shall be located within or near the 
corporate limits of that city or town in the State which shall offer the best induce- 
ments for such location, in the opinion of said commission. In making a selection 
.of a location for said school the commission shall give preference to such place 
as shall be of easy access to all the colored people of the State, having due regard 
to the appropriateness, eligibility, and healthfulness of the surroundings, as well 
as to any offer or donation of value that may be miade to secure the said school, 
and any inducements offered by any nonsectarian institute of this State. The 
selection once made shall be final. 

Sec. 4. The said commission, as soon as they shall have selected the location 
and jirocured the necessary grounds, shall proceed to have erected on such 
gi'ounds suitable buildings for such school, or, in case they secure grounds upon 
which there are biTildings already erected, shall proceed to remodel the same, 



LAWS EELATING TO LAND-GRANT COLLEGES. 51 

erecting any additional buildings that may be necessary and practicable under 
the appropriations made therefor. 

Sec. 5. A course of training shall be provided for all the students in said school, 
embracing th-e studies required by the acts of Congress of the United States, 
approved July 3, 1863, and August 30, 1890, making donations of public lands 
and the proceeds thereof to the States and Territories for educational purposes. 
No student shall be permitted to remain in the institution unless satisfactory 
progress shall be made by him, in the opinion of the faculty. 

Sec. 6. The said school, when so established, shall be a part of the University 
of Georgia, and under control and management of its board of trustees. Said 
board shall have authority from time to time to add such special features to the 
course and to open such other departments of training and instruction therein as 
they shall deem that the progress and advancement of the times require. They 
shall also have authority to ordain and establish such rules and by-laws for the 
regiilation of the school and the teaching, training, and governing of the stu- 
dents, not inconsistent with this act, as in their opinion may be proper to secure 
the success of said school. 

Sec. 7. The ofiicers of said school shall be a president, and such other profes- 
sors, teachers, and instructors as may be necessary, in the opinion of the board of 
trustees, to carry on the school in accordance with the intention of this act. The 
chancellor of the University of Georgia shall have the general supervision of said 
school. The officers aforesaid shall be elected and their salaries fixed, either 
directly by the board of trustees or through the local board of trustees hereinafter 
provided for. 

Sec. 8. When the necessary buildings shall have been procured, erected or com- 
pleted as required by this act, and said school shall be ready for the reception of 
students, said commission shall notify the board of trustees of the University of 
Georgia, and shall turn the said school over to their control and management. 

Sec. 9. There shall be one beneficiary for each representative in the general 
assembly from each county in this State, selected by the board of education in 
each county, under such rules and regulations to be prescribed by the local board 
of trustees herein provided for, and who shall be first entitled to the benefits of 
said school; the tuition shall be free to all students who are residents of the State 
of Georgia. The rate of tuition to others than residents of the State shall not 
exceed fifty dollars per annum. 

Sec. 10. The five persons named in the second section of this act shall become, 
as soon as said school is turned over by them to the board of trustees of the Uni- 
versity of Georgia, a local board of trustees for said school, with perpetual suc- 
cession, as hereinbefore provided, and they shall always be charged with the 
immediate control, supervision, and managenaent of said school, subject to the 
general board of trustees. The chairman of said local board of trustees shall be 
ex officio a member of the board of trustees of the University of Georgia. 

Sec. 11. All property purchased tmder authority of this act shall be free from 
liens or incumbrances, and title to the same, as well as to any donation that said 
com.mission may receive, shall be taken in the name of the trustees of the Uni- 
versity of Georgia, in their corporate capacity, and said i^roperty shall become the 
property of the State of Georgia, and the same shall not be alienated by any one, 
nor shall any valid lien be created thereon, neither in the erection of any building 
thereon, nor by the act of any person, nor by the operation of law. 

Sec. 13. When one of said commission shall have incurred any necessary expense 
while away from his place of residence in the performance of his duty under this 
act, then, on verification of the same, by his affidavit, the governor may indorse 
the same as correct, and order it paid out of the funds herein appropriated. Any 
indebtedness for plans and specifications must likewise be indorsed by the gov- 
ernor before payment of the same is made. 

Sec. 13. When said commission shall have performed their duties under this 
act and shall turn over said property to the trustees of the University of Georgia, 
as herein provided, said commission shall submit to said board a full and final 
statement describing the property purchased, the amount of money expended 
therefor, with proper vouchers, and said board of trustees, after verification of 
the same, shall transmit to the governor said report, with any suggestions there- 
with they may deem proper to make, and the governor shall transmit to the general 
assembly a summary of the same. 

Sec. 14. The sum of eight thousand dollars is hereby annually appropriated to 
the board of trustees of the university to be drawn upon executive warrant in their 
favor for said purposes. 

Sec. 15. The appropriation herein provided for shall be in lieu of any claim of 
the colored population of this State upon the proceeds of the agricultural land 



52 ' EDUCATION HEPOET, 1901-1902. 

scrip donated by the Congress of the United States by said act of Congress 
approved July 2, 1863. 

Sec. 16. The board of visitors of the State university, or a committee of their 
body, shall exercise like functions and powers touching said institution as are 
prescribed by law for said board in relation to the State university. 

Sec. 17. As to the additional donation of the proceeds of public lands made to 
this State by the United States under said act of Congress approved August 30, 
1890, the general assembly proposes and reports to the Secretary of the Interior 
of the United States as a just and equitable division of the funds to be received 
under said act of August 30, 1890, between one college for v/hite students and one 
institution for colored students, that one-third of said fund shall be for the colored 
students and two-thirds for the whites, provided, that this division may be at any 
time modified by the written consent of the Secretary of the Interior of the United 
States and the governor of Georgia for the time being, so as to make the same a 
just and equitable division of the fund arising under said act of Congress of 
August 30, 1890, between the white and colored people of the State for the pur- 
poses of said education. 

Sec. 18. The act approved March 8, 1874, entitled "An act to equitably adjust 
the claims of the colored race for a portion of the proceeds of the agricultural 
land scrip," by which eight thousand dollars per annum was heretofore appro- 
priated to the Atlanta University, is hereby repealed. And no colored student 
shall be admitted into the university and no white student shall be admitted into 
the school for colored students herein provided and established. 

Sec. 19. All laws and parts of lawsln conflict with the provisions of said act, 
including said act of March 3, 1874, are hereby repealed. (November 26, 1890.) 

IDAHO. 

Constitiition (1889) Article X: Section 1. Educational, reformatory, and penal 
institutions, and those for the benefit of the insane, blind, deaf and dumb, and 
such other institutions as the public good may require, shall be established and 
supported by the State in such manner as may be prescribed by law. 

Sec. 2. All property and institutions of the Territory shall, upon the adoption 
of the constitution, become the property and institutions of the State of Idaho. 

[The following matter is taieii from tlie general laws of the State of Idaho.] 

General laws, 1888-89: Section 1, There is hereby established in this Territory, 
at the town of Moscow, in the county of Latah, an institution of learning by the 
name and style of ' ' The University of Idaho. ' ' 

Sec. 2. [See act passed at fifth session.] The government of the university 
shall vest in a board of regents to consist of nine members chosen from the Terri- 
tory at large, which board the governor shall nominate and, by and with the advice 
and consent of the legislative council, appoint. The term of office of said regents 
shall be two years from the first Monday in February in the year in which 
appointed. 

Sec. 3. The board of regents and their successors in office shall constitute a 
body corporate by the name of " The Eegents of the University of Idaho," and 
shall possess all the powers necessary or convenient to accomplish the objects and 
perform the duties prescribed by law, and shall have the custody of the books, 
records, buildings, and other property of said university. The board shall elect a 
president, secretary, and treasurer who shall perform such duties as shall be pre- 
scribed by the by-lav/s of the board. The secretary shall keep a faithful record 
of all the transactions of the board and of the executive committee thereof. The 
treasurer shall perform, all the duties of such office, subject to such regulations 
as the board may adopt, and for the faithful discharge of all his duties shall 
execute a bond in siich sum as the board m-ay direct. 

Sec. 4. The time of the election of the president, secretary, and treasurer of 
said board, and the duration of their respective terms of office and the times for 
holding the regular annual meeting and such other meetings as may be required, 
and the manner of notifying the same, shall be determined by the by-laws of the 
board. A majority of the board shall constitute a quorum for the transaction of 
business, but a less number may adjourn from time to time. 

Sec. 5. The board of regents shall enact laws for the government of the xmiver- 
sity in all its branches, elect a president and the requisite number of professors, 
instructors, officers, and employees, and fix the salaries and the term of office of 
each, and determine the moral and educational qualifications of applicants for 



LAWS EELATING TO LAISTD-QKANT COLLEGES. 53 

admission to the various courses of instruction; but no instruction either sec- 
tarian in religion or partisan in politics shall ever be allowed, in any department 
of the university, and no sectarian or partisan test shall ever be allowed or exer- 
cised in the appointment of regents or in the election of professors, teachers, or 
other oncers of the university, or in the admission of students thereto, or for any 
purpose v/hatever. The board of regents shall have power to remove the presi- 
dent or any professor, instructor, or officer of the university, when in their judg- 
ment the interests of the university require it. The board may prescribe rules and 
regulations for the management of the libraries, cabinet, museum, laboratories, 
and for the care and preservation thereof, with penalties and forfeitures, by way 
of damages for their violation, which may be sued for and collected in the name 
of the board, before any court having jurisdiction of such action. 

Sec. 6, The board of regents are authorized to expend such portion of the income 
of the university fund hereinafter created as they may deem expedient for the 
erection of suitable buildings and the purchase of apparatus, a library, cabinets, 
and additions thereto. 

Sec. 7. At the close of each fiscal year the regents, through their president, 
shall make a report in detail to the governor, exhibiting the progress, conditions, 
and wants of the university, the course of study, the number of professors and 
students, the amount of receipts and disbursements, together with the nature, 
costs, and results of all important investigations and experiments, and such other 
information as they may deem important. 

Sec. 8. The president of the university shall be president of the faculty or of 
the several faculties as they may be hereafter established and the executive head 
of the instructional force in all its departments. As such, he shall have authority, 
subject to the board of regents, to give general direction to the instruction and 
scientific investigation of the university, and so long as the interests of the insti- 
tu_tion require it he shall be charged with the duties of one of the professorships. 
The immediate government of the university shall be intrusted to the facility, 
but the regents shall have power to reguJate the course of instruction and pre- 
scribe the boohs or works to be used in the several courses and also to confer such 
degrees and grant such diplomas as are usual in universities or as they shall deem 
appropriate, and to confer upon the faculty, by by-laws, the power to suspend or 
expel students for misconduct or other cause prescribed by such by-laws. 

Sec. 9. The object of the University of Idaho shall be to provide the means of 
acquiring a thorough knowledge of the various branches of learrsing connected 
with scientific, industrial, 'and lirofessional pursiiits, and to this end it shall con- 
sist of the following colleges or departments, to wit: First, the college or depart- 
ment of arts; second, the college or department of letters; third, the professional 
or other colleges or departments as may from time to time be added thereto or 
connected therewith. 

Sec. 10. The college or department of arts shall em.brace courses of instruction 
in mathematica,l, physical, and natural sciences with their application to the 
industrial arts, such as agriculture, mechanics, engineering, mining, and meta.1- 
kirgy, manufactures, architecture, and commerce in such branches included in 
the college of letters as shall be necessary to a proper fitness of the pupils in the 
scientific and practical courses for their chosen pursuits, and, as soon as the 
income of the tmiversity will allow, in such order as the wants of the public shall 
seem to require, the said courses in the sciences and their application to the prac- 
tical arts shall be expanded into distinct colleges of the university, each with its 
own faculty a.nd axDpropriate title. The college of letters shall be coexistent with 
the college of arts and sha.ll embrace a liberal course of instruction in language, 
literature, and philosophy, together with such courses or parts of courses in the 
college of arts as the regents of the university shall prescribe. 

Sec. 11. The university shall be open to fem^ale as well as male students, under 
such regulations and restrictions as the board of regents may deem proper. 

Sec. 13. No student who shall have been a resident of the Territory for one 
year, next preceding his admission, shall be required to pay any fees for tuition 
in the university, except in a professional department and for extra studies. The 
regents may prescribe rates of tuition for any pupil in a professional department, 
or who shall not have been a resident as aforesaid, and for teaching extra studies. 

Sec. 13. The board of regents herein provided for shall he appointed immedi- 
ately after this act becomes a law; and within ninety days after the appointment 
of said regents the board shall meet at Boise City and elect a president, secretary, 
and treasurer thereof, and shall at said meeting adopt by-laws for the government 
of said board and the officers chosen by virtue of this act. 

Sec. 14. The sum of $15,000 is hereby appropriated out of any money in the 
Territorial treasury of Idaho, not otherwise appropriated, and the Territorial 



54 EDUCATION EEPORT, 1901-1902. 

comptroller is hereby aiithorized to draw liis warrant on the Territorial treasurer 
for said amount, and the Territorial treasurer is hereby directed and commanded 
to pay the same, as hereinafter provided, which money shall be expended for the 
following purposes, to wit: First, the purchase of a site or gTounds for said uni- 
versity, said location to consist of not less than 10 nor more than 20 acres of 
ground, and for the improvement of the same, and for keeping the same in repair; 
second, to advertise for and obtain plans and specifications for a university build- 
ing, under such rules and regulations as the board may impose; third, for the 
paj^ment of the necessary expenses of said board, as hereinafter provided. 

Sec. 15. The president and secretary ex officio, and one member of the board to 
be appointed by the president thereof, shall constitute an executive committee of 
said board, whose duties shall be prescribed by the by-laws of the board. 

Sec. 16. Upon executing and filing with the Territorial treasurer a good and 
sufficient bond, in whatever sum the board of regents shall direct, provided said 
bond shall have been first approved by the Territorial attorney-general, the Ter- 
ritorial treasurer shall pay over to the treasurer of said board the sum of .$15,000, 
or so much thereof as may be available; and in the event said sum is not jpaid in 
full upon the execution and delivery of said bond as aforesaid, then the remainder 
of said sum shall be transferred to the treasurer of said board as speedily as the 
fund shall accumulate therefor. 

Sec. 17. The treasurer of said board shall, out of any moneys in his hands 
belonging to said board, pay all orders drawn tipon him by the president and sec- 
retary thereof, when accompanied by vouchers fully explaining the character of 
the expenditure, and the books and accounts of the treasurer shall at all times be 
open to the inspection of the board. The treasurer shall make an annual report 
to the president of the board of all transactions connected with the duties of his 
office. 

Sec. 18. There shall be levied and collected annuallj' a Territorial tax of one- 
half mill for each dollar of the assessed valuation of the taxable property of the 
Territory, which amount, when so levied and collected, shall be appropriated to a 
university-building fund to remain in the treasury subject to the order of the 
board of regents; but in no event shall said boajrd appropriate the fund thus col- 
lected, or any portion thereof, to any purpose other than that for which said fund 
was provided: Ar.d provided further, That said tax fchall not be levied and col- 
lected for a longer period than four years. 

Sec. 19. The regents shall receive the actual amount of their expenses in travel- 
ing to and from and in attendance upon all meetings of the board, or incurred in 
the performance of any duty in pursuance of any direction of the beard: accounts 
of such expenses shall be duly authenticated and audited by the board, and be 
paid on their order by the treasurer out of any fund belonging to the university 
not otherwise appropriated. No regent shall I'eceive any pay, mileage, or per diem 
except as above prescribed. (January 30, 1889.) 

General laws, first session (1890-91) : Section 1. The assent of the legislature of 
the State of Idaho is hereby given to all the provisions of an act of Congress 
approved July 2, 1862, and also to an act approved March 2, 1887, entitled "An 
act to establish agricultural experiment stations in connection with the colleges 
established in the several States under the provisions of an act approved July 2, 
1862, and the acts supplemental thereto," and the acts amendatory thereof and 
supplementary thereto. (January 23, 1891.) 

General laws, first session (1890-91): Section 1. Section 18 of an act to 
establish the University of Idaho be amended to read as follows: Sec. 18. There 
shall be levied and collected annually a State tax of three-quarters of a mill for 
each dollar of the assessed valuation of taxable property of the State of Idaho, 
which amount, v\rhen so levied and collected, shall be appropidated to a university 
building fund, to remain in the Treasury subject to the order of the board of 
regents; but in no event shall said board appropriate the fund thus collected, or 
any portion thereof, to any purpose other than that for which said fund was pro- 
vided: And provided farther, That said tax shall not be levied and collected for a 
longer period than four years from the date hereof. (February 12, 1891.) 

General Laws, second' session: Section 1. Section 1 of an act to establish the 
University of Idaho [evidently the act of February 2, 1891, is the one referred to, 
not section 18 of the act of January 30, 1889, referred to in the foregoing law of 
February 12, 1891] be amended to read as follows: There shall be levied and col- 
lected annually a State tax of three-quarters of a mill for each dollar of the 
assessed valuation of taxable property of the State of Idaho, which amount when 
so levied and collected shall be appropriated to a university building fund, to 
remain in the treasury subject to the order of the board of regents; but in no 
event shall said board appropriate the funds thus collected or any portion thereof 



LAWS BELATING TO LAND-GRANT COLLEGES. 55 

to any piirpose other than that for which said fund was provided, and provided 
that said tax shall be levied and collected for the years 1893, 1884, and 1895; and 
that the said board of regents may anticipate the receipt of the said taxes by 
issuing warrants to the contractors for the erection of the buildings, bearing 
interest at not more than 6 per cent per annum, payable out of the first moneys 
received from said taxes, and said warrants shall be a charge upon said taxes only 
and not a charge against the State. (February 24, 1893.) 

General Laws, fifth session: Section 1. Section 2 of an act to establish the 
University of Idaho is amended to read as follows: Sec. 2. The government of the 
university shall vest in a board of regents to consist of nine members chosen from 
the State at large, which board the governor shall nominate, and with the advice 
and consent of the Senate, appoint. The term of office of said regents shall loe six 
years from the first Monday in February in the year in which appointed: Pi^o- 
vided, That the regents appointed in the year 1899 shall hold their offices during 
the following periods: Three shall be appointed for a term of two years, three 
shall be appointed for a term of four years, and three shall be appointed for a 
term of six years. The governor shall have power to fill vacancies in the board 
by appointment, which appointment shall be valid until the last day of the regu- 
lar session of the legislature following such appointment. 

Ibid: Section 1. For the purpose of providing money for the finishing and fur- 
nishing the State University of Idaho, etc., a loan of $49,000 is authorized. 

Sec. 8. Fourteen thousand dollars shall be paid out for expenses incurred in 
finishing and furnishing the State University of Idaho. (March 9, 1899.) 

General Laws, sixth session: Section 1. Section 3 of an act "To establish the 
University of Idaho," is amended to read as follows: Sec. 2. The government of 
the university shall vest in a board of regents, to consist of five members chosen 
from the State at large, which board the governor shall nominate, and with the 
advice and consent of the senate, appoint. The said board shall be nonpartisan, 
no more than three of whom shall be of the same political party. The terms of 
office of said regents shall be six years from the first Monday in February in the 
year in which appointed: Provided, That the regents appointed in the year 1901 
shall hold their office during the following periods: One shall be appointed for a 
term of four years and two shall be appointed for a term of six years. The gov- 
ernor shall have power to fill vacancies in the board by appointment, which 
appointment shall be valid until the last day of the regular session of the legisla- 
ture following such appointment. (March 4, 1991.) 

Ibid: Section 1. For the puriDose of providing m.oney for the erection of a school 
of science hall, and for the erection of a girls' dormitory and the furnishing thereof 
at the University of the State of Idaho, a loan of $30,000 is hereby authorized, to 
be negotiated by a board consisting of the governor, treasurer, secretary of state, 
and attorney-general of the State of Idaho, on the faith and credit of the State of 
Idaho, and secured by the proceeds, as herein pro"\^ded, of the sales of school of 
science lands and timber on such lands, and of the interest on the moneys accru- 
ing from the sales of lands and timber belonging to the Agricultural College and 
the State University. 

Sec. 5. For the purpose of securing the payment of the principal of the bonds 
Nos. 1 to 25, inclusive, provided for in this act, the proceeds of the sale of all the 
lands, or of the timber growing thereon, granted to the State of Idaho by the 
United States for the establishment and maintenance of a school of science, are 
hereby set apart as a separate and distinct fund, to be known as the school of 
science building fund; and after the payment of said principal of said bonds of 
this act, then the proceeds of the sales of said lands or timber shall be paid into 
the general fund in the State treasury until the amount, equal to the total amount 
of interest that has heretofore been paid out of the general fund on said bonds, 
issued under the provisions of this act, less the amount of interest that may have 
been paid into the said general fund from investment of school of science sinking 
fund money in State warrants as herein pro^vaded, has been so paid, into the gen- 
eral fund. "When the principal of said bonds shall have been fully r)aid, and the 
general fund of the State reimbursed for the interest on said bonds provided for 
in this act, then and thereafter the proceeds of the sales of said lands and timber 
shall be disposed of as may by lav/ be provided. 

Sec. 6. For the purpose of securing the payment of the principal of the bonds 
Nos. 28 to 50, inclusive, provided for in this act, the interest on the proceeds 
of the sale of all the lands, or of timber growing thereon, granted to the State of 
Idaho by the United States for the support and maintenance of an agricultural 
college and for the suppoi-t and maintenance of a State university are hereby set" 
apart as a distinct fund, to be known as the university dormitory building fund; 
and after the payment of said principal of said bonds of this act, then the inter- 



56 EDUCATIOlSr EEPOBT, 1901-1902. 

est on the proceeds of the sales of said lands or timber shall be paid into the 
general fund in the State treasury iintil the amount, equal to the total amount 
of interest that has heretofore been paid out of said general fund on said bonds, 
issued under the provisions of this act, less the amount of interest that may have 
been paid into the said general fund from the investment of university dormitory 
building sinking fund money in State v;rarrants as herein provided, has been so 
paid into the general fund. When the principal of said bonds shall have been 
fully paid and the general fund of the State reimbursed for interest on said bonds 
provided for in this act, then and thereafter the interest on the proceeds of the 
sale of said lands and timber shall be disposed of as may be provided by law. 
(March 14, 1901. The act has 9 sections; those omitted deal with the financing of 
the loan.) 

ILLESrOIS. 

Constitution (1870), Article VIII: Section 2. All lands, moneys, or other prop- 
erty donated, granted, or received for school, college, seminary, or university pur- 
poses, and the proceeds thereof, shall be faithfully applied to the objects for which 
such gifts or grants were made. 

Sec, 3. Neither the general assembly nor any county, city, town, township, 
school district, or other public corporation, shall ever make any appropriation or 
pay from any public fiind whatever anything in aid of any church or sectarian 
purpose or to help support or sustain any school, academy, seminary, college, uni- 
versity, or other literary or scientific institution controlled by any church or sec- 
tarian denomination whatever; nor shall any grant or donation of land, money, or 
other personal property ever be made by the State or any such public corporation 
to any church or for any sectarian purpose. 

[Tlie following matter is taken from "The Revised Statutes of the State of Illinois, 1901, com' 
piled aud edited by Harvey B. Kurd." Chicago, 1901.] 

Chapter 144: Section 1. Any corporation which has been or may be incorpo- 
rated under any general law of this State for the purpose of establishingor con- 
ducting a university, college, academy, or other institution of learning, in addi- 
tion to the powers granted by such law, shall have power to take by purchase, 
gift, grant, devise, or bequest, and to hold for the use of such corporation, any 
real or personal property whatever, and to sell, convey, mortgage, or otherwise 
use the same as may be considered most conducive to the interests of such insti- 
tution; but such corporation shall have no power to divert any gift, grant, devise, 
or bequest from the specific purpose designated by the donor. 

Sec, 16. The Illinois Industrial University, located at Urbana, in Champaign 
County, shall, after the passage of this act, be known as the University of Illinois, 
and under that name and title shall have, possess, be seized of, and exercise all 
rights, privileges, franchises, and estates which have hitherto belonged to, or may 
hereafter inure to, the said Illinois Industrial University. 

Sec, 17. There shall be elected at the general election, to be held in the several 
precincts and counties of this State on the Tuesday next after the first Monday 
of November, 1888, and every tvv^o years thereafter three trustees of the Univer- 
sity of Illinois, and the trustees so elected, together with the governor, the presi- 
dent of the State board of agriculture, the superintendent of public instruction, 
and those persons who may have been appointed by the governor, to be trustees 
of said university, and v/hose terms of office shall not have expired, shall consti- 
tute the board of trustees of the University of Illinois, and shall succeed to and 
exercise all the pov/ers conferred by theact "to provide for the organization and 
maintenance of the Illinois Industrial University," approved February 28, 1867, 
except as is herein or may be hereafter provided by law. 

Sec. 18. The trustees, to be elected as provided in this act, shall be voted for 
on the same ballots with the State officers to be chosen at such recurring general 
elections, and the election of said trustees shall be conducted, and the canvass, 
statement, and returns of the votes cast for said trustees shall be made in the 
same manner and by the same officers, and shall be governed in every particular 
by the lav7S of this State governing a general election. The term of office to be 
held severally by the trustees so elected and by their successors shall be six years 
from the second Tuesday of March next succeeding the dates of their several 
elections, and until their successors shall have been elected and qualified; pro- 
vided, in case of vacancy in said board such vacancy shall be filled by appoint- 
ment by the governor until the next general election. Said board of trustees 
may appoint an executive committee of three chosen out of their own number, 
which committee, when said board is not in session, shall have the management 



LAWS RELATING TO LAWD-GEANT COLLEGES. 57 

and control of the xmiversity find of its affairs, and for that purpose shall have 
and esercise all the powers which are necessary and proper for such object, 
except in so far as the board may reserve such powers to itself, and any powers 
granted at any time by said board to such executive committee the board may at 
any time revoke. 

Sec. 19. To equalize the advantages of the University of Illinois to all parts of 
the State, there shall be awarded annually, as hereinafter provided, to each county 
of the State one State scholarship, which shall entitle the holder thereof, who 
shall be a resident of the senatorial district to which he is accredited, to instruc- 
tion in any or all departments of said University of Illinois for a term of four 
years, free from any charge for tuition or any incidental charge, unless such 
incidental charges shall have been made for materials used or for damages need- 
lessly done to property of the university: Provided, That in counties having two 
or more senatorial districts there shall be awarded annuallj^ one additional scholar- 
ship for each of said senatorial districts. 

Sec. 20. A competitive examination under the direction of the su-perintendent 
of public instruction shall be held at the county court-house in each county of the 
State upon the first Saturday of June in each and every year by the county super- 
intendent of schools upon such branches of study as said superintendent of public 
instruction and the president of said university may deem best. 
' Sec. 21. Questions for such examinations shall be prepared and furnished by 
the president of the university to the superintendent of public instruction, who 
shall attend to the printing and distribution thereof to the several county super- 
intendents of schools prior to such examinations. 

Sec. 23. in case any candidate who shall be awarded a scholarship shall fail to 
pass the entrance examination to the university, or shall fail to claim the privi- 
leges of such scholarship, or having claimed the privileges shall be exx^elled, or 
for any reason shall abandon his right to or vacate such scholarship either before 
or after entering thereupon, then the candidate certified to be next entitled in 
the same county shall become entitled to the same. In case any scholarship 
belonging to any county shall not be claimed by any candidate resident in that 
county, the superintendent of public instruction may fill the same by appointing 
some candidate first entitled to a vacancy in some other county, after notice has 
been served upon the county superintendent of said first-mentioned county. 

Sec. 23. The county superintendents shall, within ten days after such examina- 
tion, make and file in the office of the superintendent of public instruction certi- 
ficates, in which they shall name all the candidates examined and specify the 
order of their excellence; and such candidates shall, in the order of their excel- 
lence, become entitled to the scholarships belonging to their respective counties. 
The examination papers handed in by each candidate shall also be filed with the 
certificate of examination. 

Sec. 24. Candidates to be eligible to said scholarsliip shall be at least 16 years 
of age, and shall have been bona fide residents of their respective co'anties for at 
least one year immediately preceding the examination. 

Sec. 25. Any student holding a State scholarship, and vt^ho shall make it appear 
to the satisfaction of the president of the university that he requires leave of 
absence for the purpose of earning funds to defray his expenses while in attend- 
ance, may, in the discretion of the president, be granted such leave of absence, 
and may be allowed a period not exceeding six years from commencement thereof 
for the completion of his course at said university. 

Sec. 26. Notices of the time and place of the examination shall be given in the 
schools having pupils eligible thereto prior to the 1st day of January in each year. 
The superintendent of public instruction shall attend to the giving of the notices 
hereinbefore provided for; he may in his discretion direct that the examination 
in any coutnty may be held at some other time and place than that hereinbefore 
specified; he shall keep full records in his department of the reports of the differ- 
ent examiners, showing the age. post-office address, and standing of each candi- 
date, and shall notify candidates of their rights under this act; he is hereby 
charged with the general supervision and direction of all matters in connection 
with the filling of such scholarships; he shall determine any controversy which 
may arise under this act. 

Sec. 27. Students enjoying the privileges of State scholarships shall, in common 
with other students of said university, be subject to all the examinations, rules, 
a,nd requirem.ents of the board of trustees and faculty as herein provided. 

Sec. 28. Nothing herein contained shall be construed to prevent the board of 
trustees of said university from granting such other free scholarships as in their 
discretion may be deemed best. 

Sec. 29. The trustees of the University of Illinois are hereby authorized and 



58 EDUCATION EEPOET, 1901-1902. 

directed to establish a chemical and biological survey of the waters of the State 
in connection with the said university. 

Sec. 30. It shall be the duty of the university to collect facts and data concern- 
ing the water supplies of the State; to collect samples of waters from wells, 
streams, and other sources of supply; to subject these samples to such chemical 
and biological examination and analysis as shall serve to demonstrate their sani- 
tary condition, and to determine standards of purity of drinking waters for the 
various sections of the State; to publish the results of these investigations in a 
series of reports to be issued annually or oftener, to the end that the condition of 
the potable waters of the State may be better known and that the" welfare of the 
people of the various communities of the State may thereby be conserved. 

Seo. 31. For the installation and support of said survey there is hereby appro- 
priated the sum of $3,000 per annum. 

Sec. 32. The auditor of state is hereby authorized and directed to draw his war- 
rants quarterly, in advance, on the treasurer for the sums hereby appropriated, 
upon the order of the chairman of the board of trustees of the University of Illi- 
nois, attested by the secretary, and with the corporate seal of the university: Pro- 
vided, That no part of said sums shall be due and payable to said institution until 
satisfactory vouchers in detail, approved by the governor, shall be filed with the 
auditor, for the expenditure of the last quarterly installment of appropriations 
herein made. 

Sec. 43. To assist and encourage useful education among the farmers and for 
developing the agricultural resources of the State, an organization under the 
name and style of " Illinois Farmers' Institute " is hereby created and declared a 
public corporation of the State. 

Sec. 44. It shall consist of three delegates from each county of the State, elected 
annually at the farmers' institutes for said county by the members thereof. 

Sec. 45. The affairs of the "Illinois Farmers' Institute " shall be managed by 
a board of directors, consisting of (1) State superintendent of public instruction, 
(2) professor of agriculture of the University of Illinois, (3) president of the State 
board of agriculture, (4) president of the State Horticultural Society, (5) presi- 
dent of the State Dairymen's Association, and one member from each Congres- 
sional district of the State, to be selected by the delegates from the district present 
at the annual meeting of this organization : Provided, That the members fii'st selected 
from the Congressional districts of even numbers shall serve for one year and the 
members first selected from the Congi-essional districts of odd numbei's shall serve 
for two years, and that the members selected thereafter to fill expired terms of 
office shall serve for a period of two years. 

Sec. 46. The board of directors of the Illinois Farmers' Institute shall have sole 
care and disposal of all funds that may be appropriated by the State to sustain 
the organization, and shall expend the same in such manner as in their judg- 
ment -wiil best promote the interest in useful education among the farmers and 
develop the agricultural resources of the State. The Illinois Farmers' Institute 
shall make annual report to the governor of its transactions, vfhich report shall 
include papers pertaining to its work and addresses made at the annual meeting 
of the organization, and a classified statement of all the moneys received and of 
all expenditures made; and 20,000 copies of said report shall be printed on or before 
September 1 of each fiscal year, one-half for the use of the Illinois Farmers' Insti- 
tute and the remainder to the secretai*y of state for distribution. It shall make no 
appropriation without funds in hand to meet the same, and the State of Illinois 
shall in no event be held liableor responsible for any debt, obligation, or contract 
made by the Illinois Farmers' Institute or its board of directors. 

Sec. 47. There shall be held amiually, under the direction of the board of 
directors, between October 1 and March i following of each year, a public meeting 
of the delegates from county farmers' institutes and of farmers of this State, at 
such time and place as may be determined by the board of directors, of not less 
than three days' duration, which meeting shall be held for the purpose of develop- 
ing the greater interest in the cultivation of crops, in the care and breeding of 
domestic animals, in dairy husbandry, in horticulture, in farm drainage, in 
improved highways, and general farm management, through and by means of 
liberal discussion of these kindred subjects, and any citizen may take part in these 
meetings, but only duly elected and accredited delegates from county farmers' 
institutes shall be permitted to vote in the election of the board of directors. 

Sec. 48. The members of each new board of directors shall enter upon their 
duties the next Tuesday after their election and hold their offices for one or two 
years, as provided in section 3, or until their successors are elected and enter upon 
their duties; it shall have power to fill vacancies in the board; it shall organize 
])Y the election of a president, vice-president, secretary, treasurer, and State super- 



LAWS RELATING TO LAND-GEANT COLLEGES. 59 

intendent of the Farmers' Institutes, and sucli other officers or agents as may be 
deemed proper for organizing and conducting the work of the organization, who 
shall hold their offices for one year, unless removed sooner by the board, and shall 
perform such duties as may be required of them by rules of the board. The sec- 
retary, treasurer, and superintendent may be other than members of the board. 

Sec. 49. Rooms in the capitol building shall be assigned to the officers of this 
organization by the proper authority, which shall then be under the control of the 
board of directors. 

Sec. 50. The board of directors may make and enforce such rules and by-laws, 
not in conflict with the laws of this State, as will render its work most useful and 
efficient. 

Sec. 51. For the purpose mentioned in the preceding sections, said board of 
directors may use such sum as it may deem proper and necessary, not exceeding 
the amount appropriated therefor by the general assembly from the general fund 
for that purpose: Provided, further. That the (1) State superintendent of public 
instruction, (2) professor of agriculture of the University of Illinois, (3) presi- 
dent of the State board of agriculture, (4) president of the State Horticultural 
Society, (5) president of the State Dairymen's Association, and the present Con- 
gTessional representatives of the Illinois Farmers' Institute Association shall con- 
stitute the first board of directors of this organisation, who shall have charge of 
the affairs of the same until their successors have been duly elected and enter upon 
their duties, as provided in this act. 

[By an act of tlia general assembly passed February 21, 1861, there was incorporated an insti- 
tution called tlie Ililnois Agricultural College " for the purpose of instruction in practical and 
scientific agriculture." For the pui-pose of enabling the college to perform this duty, by the 
eighth section of the charter, the State gave to the corporation the college and seminary lands 
of the State, and the evidence shows that these were subsequently sold by the college for $58,000. 
The school was opened in 1866. " BUt it was in character no more than a common school. The 
directors provided no means for teaching scientific agriculture, and erected no workshops nor 
provided facilities for teaching the mechanic arts. On the contrary, the whole effort seems to 
nave been a miserable failure. These facts, as shown by the evidence in the case, seem most 
clearly to establish a waste and perversion of the fund donated by the State. That fund had. 
been granted to the State by Congress for the purpose of maintaining a college or seminary of 
the character created by this charter, a and there would seem to be no doubt that the general 
assembly intended, when they donated it, that it should be held as a sacred trust fund for the 
establishment , improvement, and carrying on a college of the character they were incorporating. 
It manifestly was not to mamtain a common school for that particular neighborhood. It was 
intended to be an institution for the benefit of young men throughout the entire State, and they 
so provided by the charter; but the trust was violated, the fund perverted or squandered, and 
the purpose of the general asseitnbly defeated, and the benefits intended to be conferred by a 
judicious use of the trust fund were lost. The corporation, however, claim that by the amend- 
ment of their charter by act of February 12, 1867, they were released from the duty of imparting 
knowledge of practical agriculture and the mechanic arts. That section provides that they shall 
be permitted to impart instruction in all the branches taught in similar institutions in any of 
the States of the Union, or contemplated by the act of Congress donating land to the several 
States to establish agricultural colleges." We fail to perceive how this in anywise releases the 
college from any duty imposed by the charter. It may enlarge their powers, but surely does 
not Qiminish them. That enactment does not purport to, nor does it, release the corporation 
from any duty imposed. The corporation having accepted of the donation and their charter, it 
was with the imphed agreement that they would perform, in good faith, the duties imposed by 
the charter. One of the duties imposed was that they would hold the lands donated, or the pro- 
ceeds of their sale, for the ' purpose of establishing, im.proving, and carrying on said college and 
farm.' This was the trust created, but it has been abused, the fund misappropriated and wasted, 
and the institution is shown to have become incapable of executing the trust, in the f utui'e, in 
accordance with the terms of the charter. This being true, and a court of equity having juris- 
diction of trusts and trust property, it may, in case of waste, perversion, or mobility or indispo- 
sition of the trustee to execute the trust, seize the property or fund and place it in the hands of 
a trustee who will execute the trust. 

In this case the land was granted by the General Government to the State, in triist for agri 
cultural and educational pui'poses— not for common-school purposes, bitt as a college and 
seminary fund for education of a higher character, and to that end it was intrusted to this cor- 
poration; and when the fund was put in the land and buildings of the colleges, it* did not lose its 
character of trust funds. It still retained that character, althoiigh perverted to the use of a 
district school, using the buildings for that purpose, and renting the lands and appropriating 
the rents to the same purpose. * * * There was also, on the part of the court below in dis- 
missing the bill, most manifest error in rendering a decree for costs, as the State is never liable 
to be decreed to pay costs, and the attorney-general only acted in his official character. The 
Attorney -General w. The Illinois Agricultural College et al. (1877), 85 111. 

In 1853 the general assembly of Illinois passed an act, the third section of which provided 
that: All property described in this section, to the extent herein limited, shall be exempt from 
taxation. That is to say (1) all lands donated for school purposes and not sold or leased; all 
public schoolhouses and houses used exclusively for public worship, the books and furniture 
therein, and the grounds attached to such buildings necessary for the proper occupancy, use, 
and enjoyment of the same and not leased, or otherwise used with a view to profit; all colleges, 
academj.es; all endowments made for their support; all buildings connected with the same and 
all lands connected with institutions of learning not used with a view to profit. This provision 

a The fourth section reads: That said act [of February 21, 1861] be so amended as to permit said 
college to impart instruction in all the branches taught in similar institutions in any of the States 
of tnis Union, or contemplated in the act of Congress donating lands or scrip to the several 
States for the establishment of agricultural colleges. Private Laws, 1867, p. 1. 



60 EDUCATION REPOET, 1901-1902. 

shall not eixtsiid to leasehold estates of real property held under the antliority of any college or 
university of learning. On an appeal from a judgment for taxes of 1870 assessed against lands 
■belonging to the board of trustees of the Illinois Industrial University, against whom the board 
of supervisors of Champaign County obtained a judgment in the circuit court of Champaign 
County, the supreme court said: "This is an appeal from a judgment for taxes of 1870 assessed 
against lands belonging to appella.nts and conveyed to them in consideration that the Industrial 
University should be located at Urbana in this State. It is clear that the title to these lands is 
in ai)pellants in trust and that the institution and its property is under the control of the State 
and is held in trust for the State; that as it is the property of the State it is exempt from taxa- 
tion. * * * The only question, then, presented by this record is whether this is the property 
of the State. If so then it is exempt from taxation. To determine that question we must turn 
to the act which brought this institution into existence. Congress having donated a large amount 
of land scrip to the State for the purpose of founding a university and the board of sunervisors 
of Champaign County having offered to donate a college edifice and a large quantity of land if 
the State would locate permanently the Illinois Industrial University at Urbana, in that county, 
the general assembly on the 28th day of February, 1S67, created a body coi-porate to govern the 
fund and the university. The triistees were to be appointed by the governor and to be con- 
firmed by the senate. * * * They were required to permanently locate the institution at 
Urbana and to provide the requisite buildings, apparatus, and conveniences, to fix the rates of 
tuition, to appoint the professors, etc. * * * The appropriations at each session of the legis- 
lature might be referred to as showing that the general assembly regard and have always 
regarded this as a State institution. The fund was donated to the State in the first place for the 
establishment and maintenance of an institution of learning which this represents^ and we fail 
to find the slightest indication of an intention on the part of the State to part with either the 
ownership of the property or control of the institution. It is true that the general assembly 
have created a body corporate as the most convenient mode of controlling the institution, its 
property, and aifairs, but it will be observed that the State retains the power of appointing its 
trustees, and no doubt has power through agents other than the trustees to sell and dispose of 
the property of the institution, or they may at pleasure amend or even repeal the charter as 
public policy or the interest of the university may require. It will be observed that the persons 
appointed for the government of the university are created and called trustees. They derive 
all their powers from the State and they act for and on behalf of the State, and the power which 
conferred authority on them to act ma:y withdraw or modify it at pleasure. Had the general 
assembly intended that the property might be sold for any purpose, some language indicating 
such intention no doubt would have been employed. In any view in which we have been able 
to consider the case we have been irresistably impelled to the conclusion that this real estate, 
although conveyed to the corporate body, belongs to and is under the entire control of the State 
when disposed to exercise the power, and, being property of the State, we have seen the consti- 
tution authorized its exemption from taxation, and the general assembly has exempted it. As 
an irresistible conclusion it follows that the judgment of the court below ia erroneous, and it 
must be reversed." 76 111. (187.5). Other decisions raore or less applicable are Board of Educa- 
tion V. Greenbaum& Sons, S9 111. "The property of the normal university is not the property 
of the State, but is the property of the 'board of education of the State of Illinois,' and the 
only remedy a creditor has against it is by judgment and execution as in a case against an 
individual or other corporation not of a municipal character." Also 71 111., Thomas v. Board of 
Trustees of the Illinois Industrial University et al. "The Illinois Industrial University is a 
State institution and not subject to the mechanics-lien law," which is the converse of Board of 
Education v. Greenbaum in 39 111. and Board of Education v. Bakewell, 123 ill., reaffirming 39111. 

INDIAInTA. 

Constitntion (1851), Article Vni: SECTiox-f 1. Knowledge and learnmg generally 
diffused tlirougliOTit a community being essential to the preservation of a free 
government, it shall be the duty of the general assembly to encourage by all 
SLiitable means, moral, intellectual, scientific, and agriciiltxiral improvement, and 
to provide by law for a general and -uniform system of common cchools, wherein 
tuition shall be without charge, and equally to all. 

Sec. 7. Ail trust funds held by the State shall remain inviolate and be faith- 
fully and exclusively applied to the purposes for vv^hich the trust was created. 

[The following matter is taken from the Eevised Statutes of Indiana, embracing all general 
laws in force October 1, 1901, by Frank A. Hauer, 2 vols., Eoehester, IsT. Y., 1901.] 

Sec. 4662. The State of Indiana accepts and cla,ims the benefits of the provi- 
sions of the acts of Congress approved Jtily 2, 1862, and April 14, 1884, and assents 
to all the conditions and provisions in said acts contained. 

Sec 4663. The governor of this State for the time being and [here are named 
four other persons] and their successors are created a body corporate, under the 
name of " The Trustees of the Indiana Agricultural College." 

Sec. 4664. Said trustees shall, by the hand of their treasurer, claim and receive 
from the Secretary of the Interior the land scrip to which this State is entitled 
by the provisions of said acts of Congress; and under their direction said treasurer 
shall sell the same in such manner and at such times as shall be most advanta- 
geous to the State, and shall invest the proceeds thereof and any interest that may 
accrue thereon in the stocks of the United States or of this State yielding not less 
than 5 per cent per annum upon the par value of the stocks; and said principal 
and interest shall continue to be so invested until further provision shall be made 
by the general assembly of this State for fulfilling the requirements of said acts 
of Congress. 

Sec. 4665. The donation offered by John Purdue, as set forth and communicated 
to the present general assembly in the message of the governor on the 16th day of 



LAAVS RELATING TO LAND-GRANT COLLEGES. 61 

April, 1869, and the donations offered by tne county of Tippecanoe, the trustees 
of the Battle Ground Institnte, and the trustees of the Battle Ground Institute of 
the Methodist Episcopal Church, as set forth and communicated to the general 
assembly at its last session in the message of the governor of the 37th day of January, 
18G9, are hereby accepted by the State of Indiana. 

Sec. 4066. The college contemplated and provided by the act of Congress 
approved July 2, 1862, is hereby located in Tippecanoe County, at such point as 
may bo determined before the 1st day of January, 1870, by a majority vote of the 
trustees of the Indiana Agricultural College, and the faith of the State is hereby 
pledged that the location so made shall be permanent. 

Sec. 4667. In consideration of the said donation by John Purdue, amounting to 
$150,000, and of the further donation of 100 acres of land appurtenant to the insti- 
tution, and on condition that the same be made effectual, the said institution, 
from and after the date of its location as aforesaid, shall have the name and style 
of "Purdue University," and the faith of the State is hereby pledged that the 
said name and style shall be the permanent designation of said institution without 
addition thereto or modifiation thereof. 

Sec. 4668. From and after the date of the location made as aforesaid, the corpo- 
rate name of the trustees of the Indiana Agricultural College shall be " The 
Trustees of Purdue University," and they shall take in charge, have, hold, pos- 
sess, and manage, all and singular, the property and moneys comprehended in 
said donations, as also the funds derived from the sale of the land scrip donated 
under said acts of Congress, and the increase thereof , and all moneys or other 
property which may hereafter at any time be donated to and for the use of said 
institution. They shall also have power to organize said university in conform- 
ity with the purposes set forth in said acts of CongTess, holding their meetings at 
such times and places as they may agree on, a majority of their number constitut- 
ing a quorum. They shall provide a seal; have power to elect all professors and 
teachers, removable at their pleasure; fix and regulate compensations; do all acts 
necessary and expedient to put and keep said university in operation, and make 
all by-laws, rules, and regulations required or proper to conduct and manage the 
same. 

Sec. 4669. In further consideration of his said donation John Purdue shall, from 
and after the taking effect of this act, be added as a member to said trustees of 
the Indiana Agricultural College, and he shall also be a member of said trustees 
of Purdue University. Should he at any time cease to be such member he shall 
be continued as an advisory member of said trustees; and he shall, during his 
lifetime, have visitorial power for the purpose of inspecting the property, real and 
personal, of said university, recommending to the trustees such measures as he 
may deem necessary for the good of the university, and investigating the finan- 
cial concerns of the corporation. And he is authorized to make report of his 
examination, inspection, and inquiries to the general assembly at any session 
thereof. 

Sec. 4670. This act shall be subject to future amendment or repeal, except so 
far as it provides for the acceptance of donations, the location of the college, the 
name and style thereof, and the rights and privileges conferred upon John Purdue. 

Sec. 4671. On the 1st day of July, 18»5, it shall be the duty of the governor of 
this State to appoint nine trustees for the Purdue University, two of whom shall 
be nominated by the State board of agriculture, one by the State board of horti- 
culture, and six selected by the governor himself: Provided, That no more than 
two such trustees as may be selected by the governor himself shall be appointed 
from any one Congressional district: And cdso provided. That the first board so 
appointed shall include the three persons who at that time are the last nominees 
of the State board of agriculture and the State board of horticulture: And cdso 
provided, That the board of trustees now in office shall remain in office and per- 
form all the duties thereof, as now required by law, until their successors are duly 
appointed and qualified, as provided in this act. 

Sec. 4672. The persons so appointed shall constitute the board of trustees of said 
university, and shall hold their offices as follows: Three members of the first 
board shall hold their offices for two years, three for four years, and three for six 
years, and all until their successors are appointed; and at the expiration of the 
term of office of any of the members of the first or any subsequent board their 
successors shall be appointed in like manner, and with like nomination, and with 
like restrictions, as provided in this act,_ to hold their offices for the term of six 
years and until their successors are appointed. 

Sec. 4673. If from any cause a vacancy occurs in said board the same shall be 
filled by appointment to fill the unexpired term, the person appointed to fill such 



62 EDU CATION EEPOET, 1901-1902. 

vacancy being nominated and appointed in the same manner as his predecessor had 
been at the commencement of stich term. 

Sec. 4674. Said trustees shall, at their first meeting after their appointment, and 
every two years thereafter, choose a president of said board, and they shall at such 
meeting and every two years thereafter, and whenever a vacancy occurs, elect by 
ballot a secretary and a treasurer, neither of v/hom shall be a member of the board, 
whose compensation shall be fixed by the trustees. The said treasurer shall give 
such bond to the State of Indiana, in any sum not less than $50,000, for the faith- 
ful execution of his trust, with sufficient sureties, as said trustees may require; 
and he shall receive, take charge of, and, under the direction of said trustees, 
m.anage ail stocks and funds belonging to said university. 

Sec. 4675. The boai-d of commissioners of each county in this State may appoint, 
in such manner as it may choose, two students or scholars to Purdue University, 
who shall be entitled to enter, remain, and receive instruction in the same upon 
the same conditions, qualifications, and regulations prescribed for other appli- 
cants for admission to or scholars in said university: Provided, however, That 
every student admitted to said university by appointment by virtue of this act 
shall in no wise be chargeable for room, light, heat, water, tuition, janitor, or 
matriculation fees; and said student shall be entitled, in the order of admittance, 
to any room in the university then vacant and designed for the habitation or 
occupancy of a student, and such student so admitted shall have prior right to 
such room, subject to the rules of the university, over any student not appointed 
and admitted as aforesaid. 

Sec. 4676. JSTo more than two students at the same time from any one county 
shall be entitled to admittance to said university under the provisions of this act. 
But the board of commissioners of each county zaay, from, time to time, appoint, 
as aforesaid, to any vacancy in its appointments. 

Sec. 4677. The trustees of Purdue University, by their treasurer, are hereby 
authorized on or after the 1st day of April, 1881 , to surrender to the treasurer of the 
State the bond executed to said university by the State of Indiana bearing date 
April 1, 1878, and payable in the sum of $300,000 on April 1, 1881, and a like bond 
executed by the State to said university dated April 1, 1879, and payable in the 
sum of $125,000 on April 1 , 1884; and also to pay out of the proceeds of the United 
States 5 per cent bonds now held by the university (which said trustees are hereby 
empowered to sell) the sum of $15,000 to said treasurer of State, who thereupon 
is hereby directed to issue and deliver to said treasurer of Purdue University a 
nonnegotiable bond of the State of Indiana, to be signed by the governor and State 
treasurer and attested by the secretary of state and the State seal (the same to be 
dated April 1, 1881, and payable twenty years after its date to the trustees of 
Purdue University and their successors, with interest at the rate of 5 per cent per 
annum, payable quarterly after date of the bond), all for the use of Purdue Uni- 
versity — said bonds surrendered and $15,000 paid constituting the endowment 
fund of said university derived from the gift of the United States. 

Sec. 4677b. The trustees of Purdue University are hereby empowered to dedi- 
cate for public streets such strips of land extending through or along the grounds 
ov/ned by said university as they may deem for the best interest of said university. 

Sec. 46770. Whenever any individual or individuals shall give, donate,^ or 
bequeath a sum of money or other valuable property for the purpose of establish- 
ing an institute of technology or other special schools in connection with Purdue 
University in and on the grounds of said university, the trustees of said university 
are hereby authorized and empowered to accept such donation, gifts, or bequest 
for and on behalf of the State of Indiana for such institute on such terms as may 
be agreed upon by and between such trustees and said donor or donors or devisor; 
and the said trustees are hereby authorized to establish, maintain, and operate 
such an institute in connection with Purdue University: Provided, That such 
institute of technology shall be freely open to students upon the same terms upon 
which Purdue University is open to students: And provided, That nothing in 
this act shall enable or authorize said trustees to make any contract with said 
donor or donors by which any debts shall be created beyond or above current 
legislative appropriations to the university: And provided further. That the 
tenns upon whicii such donations are. received and accepted shall not be effective 
unless the same are indorsed and approved by the governor of the State of Indiana. 

Sec. 4677g. It is hereby made the duty of the committee of experimental agri- 
culture and horticulture of the board of trustees, together with the faculty of the 
school of agriculture of Purdue Universit;/, to appoint, before November 1 of each 
year, suitable persons to hold in the several counties of this State, between the 1st 
day of ISTovember and the 1st day of April of each year, county institutes for the 



LAWS EELATING TO LAND-GEANT COLLEGES. 63 

purpose of giving to farmers and others interested tlierein instruction in agricul- 
ture, horticulture, agricultural chemistry, and economic entomology. 

Sec. 4677h. Such institutes shall be held at such times and places as said com- 
mittee and faculty may determine, and under such rules, regulations, and meth- 
ods of instruction as they may prescribe: Provided, however, That such institutes 
shall be so conducted as to give those attending the results of the latests investi- 
gations in theoretical and practical agriculture and horticulture. 

Sec. 46771 [sec. 4677g above]. For the ptirpose of carrying out the provisions 
of this act, paying the salaries of instructors and other necessary expenses, the 
sum of $10,000 is hereby appropriated, to be expended under the direction of the 
said committee of said board of trustees, and they shall annually report such 
expenditures and the purposes thereof to the governor. 

Sec. 4894. Before any commercial fertilizer is sold or off ered for sale in the State 
of Indiana the manufacturer, dealer, importer, agent, or party vv^ho causes it to 
be sold or offered for sale, by sample or otherwise, within the State of Indiana, 
shall file with the State chemist of Indiana a statement that he desires to offer 
for sale in Indiana material for manurial purposes, and also a certificate for regis- 
tration stating the name of the manufactiirer, the location of the principal office 
of the manufacturer, the name under which the fertilizer will be sold, the names 
of the towns in Indiana in which it will be offered for sale, and the minimum per- 
centage of nitrogen, of potassium oxide (KgO) soluble in water, of phosphoric 
acid (P2O5) , and in the case of acidulated goods the minimum percentage of water, 
soluble and reverted phosphoric acid, and of insoluble phosphoric acid which 
the manufacturer or party offering the fertilizer for sale guarantees the fertilizer 
to contain. 

Sec. 4898. The professor of agricultural chemistry at Purdue University is 
hereby constituted the State chemist of Indiana, and it shall be his duty to com- 
ply Vv^ith the provisions of this act so far as they relate to him. * * * The 
State chemist is hereby empowered to prescribe and enforce such rules and regu- 
lations as he may deem necessary to carry into effect the full intent and meaning 
of this act. 

Laws of 1895: Section 1. There shall be assessed and levied upon the taxable 
property of the State of Indiana in the year 1895 and in each year thereafter a tax 
of one-twentieth of a mill for the use of Purdue University. (March 8, 1805.) 

[In a case decided by the supreme court of Indiana in 1883, known as " The State ex rel. Stallard 
II. White et al." (the faculty of Purdue University), 8S Ind., the court expressed itself in these 
terms: "Purdue University constitutes no part of our system of common schools, and has no 
direct connection with that system; but it is an institution of learning primarily endowed by 
Congress, and continued in existence very largely by appropriations made by the general 
assembly of this State. It is, therefore, an educational institiition sustaining relations to the 
people at large analogous to those occupied by other public schools a nd colleges of the Stats, main- 
tained at public expense, and one in which all the inhabitants of the State have a common inter- 
est. The general principles underlying the educational system of the Sta.te are, consequently, 
applicable to the government and control of Purdue University, and in the absence of express 
legislative provisions must be invoked in determining the powers which that institution ,may 
exercise. The fourth section of the act establishing Purdue University * * * confers no 
greater power on the trustees of Purdue University, as regards making rules and regulations 
for its conduct and management, than is usually conferred upon like officers of similar institu- 
tions, and leaves the question as to who are entitled to admission as students in that university 
to be determined by the principles underlying our general system of education, to which refer- 
ence has already been made. The admission of students in a public educational institution is 
one thing, and the government and control of students after they are admitted, and have become 
subject to the jurisdiction of the institution, is quite another thing. The first rests upon well- 
established rules, either prescribed by law or sanctioned by usage, from which the right to 
admission is to be determined. The latter rests lai-gely in the discretion of the officers in charge, 
the regulations prescribed for that purpose being subject to modification or change from time 
to time as supposed emergencies may arise. Having in view the va,rious statutes in force in this 
State touching educational affairs, and the decisions of this court as well as of other courts 
bearing on the general subject, we think it may be safely said that every inhabitant of this 
State, of suitable age and attainments, and of reasonably good moral character, not affi-icted 
with any contagious or loathsome disease, and not incapacitated by some mental or physical 
infirmity is entitled to admission as a student in the Purdue University. * * * [But] every 
student upon his admission into an institution of learning impliedly promises to submit to and 
to be governed by all the necessary and nroper rules and regulations which had been or may 
thereafter be adopted for the government of the institution, and the exaction of any pledge or 
condition which requires him to promise more than that operates as a practical abridgment of 
his right of admission, and involves the exercise of a power greater than has been conferred 
upon either the trustees or the faculty of Purdue University. Regulations adopted by persons 
in charge of a school are analogous to by-laws enacted by municipal and other corporations, 
and both will be annulled by the courts when f oimd to be unauthorized, against common right, 
or palpably unreasonable. In the first place the pledge tendered by the president to Hawley 
[in regard to disconnecting himself from a 'Greek fraternity'] was not shown to have been 
authorized by any previous general regulation adopted for the government of the university. 
As apniicable to Hawley it was therefore special, exceptional, and apparently not demanded 
by any competent authority. In the next place it carried with it tlie implication that member- 
shiD in the Sigma Chi fraternity might properly be treated as a disqualification for admission as a 
stu(ient in the university, a doctrine wholly inadmissible in its apphcation to Purdiie Univer- 
sity, or to any of the other public schools or colleges of the State. If mere membership m any 



64 EDUCATION EEPORT, 1901-1902. 

of the so-eallecl Greek iraternitie3 may be treated as a disqualification for admission as a student 
in a miblic school, then membership in any other secret or similar society may be converted into 
a like disqualification, and in this wa^y discriminations might be made against lar^e classes of 
"■"~ ''■ -.".. " -. ,,.-, ,., an tire 

' upon 

^ ______ ^ ^ „ . . jrreek 

fraternities was adopted by the express authority of the" trustees, and bur conclusion is that so 
m.uch of the regulation No. 3 adopted by the faculty as may be construed to impose disabilities 
on persons already members of the Greek fraternities, and as requires a written pledge as a 
condition of admission, is both ultra vires and palpably unreasonable", and hence inoperative and 
void, and that the pledge tendered to Hawley was one which the faculty had no legal right to 
demand as a condition of his admission. 



vers 

ries I - 

money by that rainor civil division. 'Two objections are made,' said the court, ' to the action 
of the board of county commissioners, (1) that it requires local taxation for a State purpose, 
and (2) that it is a special law and notof uniform operation. The sole object and purpose of the 
donation was to secure the location of the college in Tippecanoe County. * * * it does not 
appear that the donation was made, as is argued by counsel for the appellant, to aid in the erec- 
tion of a college building, which it was the duty of the State to erect and maintain. It may be 
conceded that the college or university is a State institution, and the question arises whether 
taxes may be assessed in a. county to liquidate a debt contracted by the county in securing the 
location of such State institution in the county; for if not, the debt can not be valid. * * * 
While the university is a State institution, and every citizen will have an equal right under 
the same circumstances to avail himself of its privileges, still the location of it in a given 
county will doubtless confer upon that county many locftl benefits of pecuniary value. The 
parents of the county can send their sons and perhaps their daughters to the college to be edu- 
cated at a less expenditure of time and money than would be incurred if it were situated at a 
more remote point in the State. The college, with its professors, tutors, attendants, and stii- 
dents, will probably diffuse much more money throughout the community than would other- 
wise circulate. It may also add to the educated and intelligent i>opuiation of the place, and be 
the means of stimulating the industry and increasing the wealth and moral worth of the com- 
munity, thereby enhancing the attractions of society and the value of property. * * * The 
fact that the college is a State institution can not change the character or nature of the obliga- 
tion entered into by the county. Railroads are in some sense State institutions, and yet local 
subscriptions by counties and cities are upheld. Highways and streets are State institutions, to 
the proper use and enjoyment of which all citizens have an equal right; yet local taxation to 
improve and keep them in order is constantly maintained. The taxation being merely for a 
county purpose, the provisions of section 1 of article 10 are complied with if taxes are imiform 
throughout the county. It remains to inquire whether the law in question is objectionable as 
being local or special when a general law could have been made applicable; or in other words 
whether it violates section 22 of article 24 of the constitution. The subject of the law was local, 
and where such is the case the objection can not prevail. The college could have but one loca- 
tion, and but one county^could have actually made a donation on condition of its location therein, 
as the condition could only have been performed a,s to one county. * * * Thus there are laws 
creating criminal courts in particular counties. * * * There can be no doubt on general prin- 
ciples that the location of the college in Tippecanoe County was a sufficient consideration to 
support the promise on the part of the county. The off er on the part of the county and its 
acceptance by the legislature, together with the location of the college in Tippecanoe County, 
constituted a valid and binding contract.' "] 

IOWA. 

Constitution (1857), Article 9. Section 1. The educational and school fund 
and lands shall be iinder the control and management of the general assembly of 
this State. 

Sec, 3. The general assembly shall encourage by all suitable means the pro- 
motion of intellectual, scientific, moral, and agricultural improvement. 

[The following matter is taken from the "Annotated Code of the State of Iowa, containing all 
the laws of a general nature enacted by the twenty-sixth general assembly at the extra session 
which adjourned July 2, 1897, published by the authority of the State. Des Moines, 1897.] 

Sec. 2645. Legislative assent is given to the purposes of the various Congres- 
sional grants to the State for the endowment and support of a college of agri- 
culture and mechanic arts, and an agricultural experiment station as a department 
thereof, upon the terms, conditions, and restrictions contained in all acts of Con- 
gress relating thereto, and the State assumes the duties, obligations, and respon- 
sibilities thereby imposed. All moneys appropriated by the State because of the 
obligations thus assumed, and all funds arising from said Congressional grants 
shall be invested or expended in accordance v^^ith t"lie provision of such grant, for 
the use and support of said college loc&ted at Ames. 

Sec. 2646. [Amended by ch. 76, acts of 1898, q. v.] The college shall be under 
the management and control of a board of trustees, but neither the president nor 
other officer or employee of the college and farm [at Ames] shall be eligible to 
membership therein. 

Sec. 2647. The board of trustees shall have power: (1) To elect a chairman from 
their number, a president of the college, a secretary, a treasurer, professors and 
other teachers, superintendents of departments, steward, librarian, and suchother 
officers as may be required for the transaction of its business, fix the salaries of 
officers and prescribe their duties, and appoint substitutes who shall discharge 



LAWS EELATING TO LAND-GRANT COLLEGES. 65 

tlie duties of such officers in tlieir absence; (2) to manage and control the property 
of the college and farm, whether real or personal; (3) to arrange courses of study 
and iH-actice, and to establish such professorships as may seem best to carry into 
effect the provisions of this chapter, and prescribe conditions of admission to the 
college; (4) to grant diplomas on the recommendation of the faculty to any stu- 
dents who have completed any of the courses of study prescribed by it or an 
equivalent thereof; (5) to remove any officer by a majority vote of all its mem- 
bers; (6) to direct the expenditure of all the appropriations the general assembly 
shall from time to time make to said college and farm, and the income arising 
from the Congressional grants and all other sources; (9) to keep a full and com- 
plete record of their proceedings, and to do such other acts as are necessary to 
carry out the intent and meaning of this chapter. 

Sec. 2648. There shall be adopted and taught practical courses of study, embrac- 
ing in their leading branches such as relate to agriculture and the mechanic arts, 
and such other branches as are best calculated to thoroughly educate the agricul- 
tural and industrial classes in the several pursuits and professions of life, includ- 
ing military tactics, and as a separate department, a school of mines, in which a 
complete course in theoretical and practical mining in its different branches shall 
be taught. 

Sec. 2649. Tuition in the college herein established shall be forever free to 
pupils from the State over 16 years of age who have been residents of the State six 
months previous to their admission. Each county in this State shall have a prior 
right to tuition for three scholars from such county, the remainder, equal to the 
capacity of the college, shall be by the trustees distributed among the counties in 
proportion to the population subject to the above rule. 

Sec. 2650. Annual meetings of the board of trustees shall be held at the college 
on the second Wednesday follov/ing the first Monday of November. The college 
year shall begin on the following Thursday and end on the second Wednesday 
after the first Monday of November of the following year. 

Sec. 2651. The president shall manage and control the affairs of the college and 
farm, subject to such rules as may be prescribed by the board of trustees, and 
shall report to it at its annual meeting and at such other times as it directs all his 
acts as such president and the condition of the several departments, with his 
re(;ommendations for the future management thereof. 

Sec. 2652. The secretary shall keep a record of the proceedings of the board, 
and all documents and papers connected with the office, and conduct the corre- 
spondence. All acts of the board relating to the management, disposition, or use 
of the lands, funds, or other property of the institution shall be entered of record 
and show how each member voted upon each proposition. He shall also prepare 
the biennial report of the board to the governor, and report to the executive council 
annually and at such other times as may be required by it all loans made since 
his last report to it; and also, to the board, all loans made since its last meeting, 
unless otherwise ordered; but such reports must be made a.t least quarterly. Upon 
the election of any person to any office under the board, he shall give notice thereof 
to the secretary of state. He shall also keep an account with the treasurer, charg- 
ing him with all money paid him and crediting him with the amounts paid upon 
the order of the board of audit, which account shall be balanced monthly. 

Sec. 2653. The president and secretary shall constitute an auditing committee 
which, subject to the rules of the board of trustees, shall examine and audit all 
bills presented for payment for which an appropriation has been made, and a 
minute of such auditing shall be indorsed upon. each bill and signed by both mem- 
bers of such committee. No bill shall be paid without such joint indorsement, 
unless allowed by the board. It shall examine the treasurer's books and vouchers 
monthly, and at such other times as it shall consider necessary, and all its pro- 
ceedings shall be reported by the secretary to the board at its next meeting. 

Sec. 2654. The treasurer shall receive and keep all notes and other evidence of 
indebtedness, contracts, and money arising from the income of the Congressional 
grant, appropriations of the general assembly, sales of the products of the farm, 
payments by students, and all other sources, and pay out the same upon bills for 
which appropriation has been made when audited as above prescribed, and retain 
such bills with receipt for their payment as his vouchers. He shall keep an 
accurate account of the revenue and expenditures of the college from all sources, 
so that the receipts and disbursements of each of its several departments shall be 
apparent at all times, and report to the board of trustees at their annual meeting 
and at such other times as they shall direct. He shall also execute duplicate 
receipts of all money received by him, specif ying the source and the fund to which 

ED 1902 -5 



66 EDUCATION EEPOET, 1901-1902. 

it belongs, one of whicli must be Sled with the secretary, and. no receipt shall be 
valid unless the duplicate is so filed. He shall be elected annually, and give bond in 
double the highest amount of money likely to be in his hands at any one time, 
which bond shall be filed with the secretary of state. He may appoint a deputy, 
who shall receive such compensation as the board of trustees shall fi^, and for 
whose acts he shall be responsible on his official bond. 

Sec. 2655. Tlie president and secretary shall have their offices in, and the deputy 
treasurer shall reside at, the college. 

Sec. 2656. The board of trustees may sell the lands granted to the State by act 
of Congress and any lands acquired by purchase or otherwise for cash or upon a 
partial credit, not exceeding ten years, at such price as shall be fixed by the 
board, deferred payments to draw interest at the x*ate of 8 per cent per annum, 
payable annually in advance. Upon a failure to pay the annual interest or prin- 
cipal within sixty days after it becomes due and sixty days after notice thereof 
shall have been given in writing, by mail or otherwise, by the board or the land 
agent of the college to the holder of the lease, such holder shall forfeit all claim 
to said land and the improvements made thereon and all sums paid on said con- 
tract, unless an extension of time has been or is granted by said board. 

[A case, in which was called in question the right of the legislature to empower the corpora- 
tion it had created to carry out the purpose of the act of July 3, 1862, to act as a business agent 
in selling the lands given by the act, was decided by the supreme court of Iowa in 1870. (28 Iowa, 
p. 500.) The coui't said: "In accordance with an act of the legislature the trustees of the agri- 
cultural college leased a tract of college land to plaintiff, with the privilege to plaintiff of pur- 
chasing the land at a stipulated price at the end of the term; and he made the advance payment 
required by the law, which law authorized the trustees to insert a clause of forfeiture in the 
lease, which was inserted, stipulating that the trustees could declare the contract forfeited if a 
payment of rent or of interest should be in arrears for sixty days. The plaintiff failed to pay as 
stipulated for sixty days, and the trustees then declared the contract forfeited and sold the land 
to one Connor. The plaintiff. Smith, after forfeiture and sale, tenders the rent or interest in 
arrears and asks that the lease and sale to Connor be set aside. The only question that can be 
i-aised in this case is the power of the legislature to authorize a contract as above stated. The 
land belonging to the State, the legislature could iix and enforce the terms and conditions of a 
sale." In 69 Iowa there is a case (Chicago, Milwaukee and St. Paul Eailway Company v. Bean), 
where the "Iowa Agricultural College and its lessees" were made parties (and are affirmed as 
parties by the supreme court) to condemnation proceedings by the railroad corporation. There 
IS still another decision indirectly affirming the case in 28 Iowa. The syllabus, as far as it regards 
the agricultiii-al college, reads: "Although agricultural college lands are required to be sold on 
time,"in order to provide a fund for the college arising from the interest on the purchase price, 
the college may nevertheless receive the principal, with a bonus, when its interests will be pro- 
moted thereby; and where it does receive the principal, it will be presumed that its officers have 
acted rightly for the best interests of the college.'.'] 

Sec. 2657. It may lease such lands for a term not exceeding ten years, at an 
annual rental equal to 8 per cent per annum upon the appraised value of the 
tract, payable annually in advance, granting lessee, his heirs, or assigns, the 
privilege of purchasing, at the expiration of the. lease, at the appraised value 
stated therein, or it may lease said lands without granting the privilege of pur- 
chase. A lessee failing to pay the annual rent or interest within sixty days after 
it becomes due and sixty days after notice thereof shall have been given in writing, 
by mail or otherwise, by the board or the land agent of the college to the holder 
of the lease, shall forfeit the same, with the interest paid thereon and all improve- 
ments made. 

Sec. 2658. It may, at its option, cause to be received the purchase price of the 
land sold or leased, before the same becomes due, upon such terms and condi- 
tions of payment as it may regard for the best interests of the institution, and 
may renew leases as they expire. 

Sec. 2659. After any leasehold interest has been sold for delinquent taxes, the 
holder of the tax-sale certificate may pay any interest or principal due by the 
terms of the lease, or do any other act necessary to prevent a forfeiture of the lease, 
and the proper A'-oucher for such payment shall be filed with the auditor of the 
county where the land is situated. 

Sec. 2660. Where any leasehold interest has been sold for delinqiient taxes and 
a treasurer's deed issued thereon, the grantee therein, his heirs, or assigns, shall 
be entitled to purchase the land so conveyed, at the price and on the terms speci- 
fied in the lease, and receive a patent therefor. If such lease expires before the 
holder of the tax-sale certificate will be entitled to a treasurer's deed, such certifi- 
cate holder may pay the amount required by the terms thereof to acciuire the 
title thereto and receive a conveyance of the same. 

Sec. 2661. The right of the tax-sale purchaser or his assigns to pay any amount 
due by virtue of any lease shall be shown by a copy of the certificate of tax sale 
or treasurer's deed 'thereunder, duly certified by the officer executing the same, 
and if no tax deed has been issued the auditor shall certify that redemption from 



LAWS EEIiATINa TO LAND-GKANT COLLEGES. 67 

the sale has not been made. Such copy and certificate shall be filed with the seo- 
retary of the board of trustees and become a part of the records of his office. 

Sec. 2663. The board of ti-ustees shall certify to the anditor of each county in 
which leased college lands are situated, on or before the 5th day of January of 
each year, a list thereof subject to taxation, with the name of each lessee, the date 
and terms of each lease, the amounts to be paid thereon, and the dates of payment. 

Sec. 2663. All leases and renewals thereof shall be assignable, and the owner, 
whether holding one or more leases or renewals, who has made the annual pay- 
ments therein required, shall be entitled to all the benefits thereof and have the 
privilege of purchasing the tract or tracts of lands as provided therein, and upon 
the payment of such jjurchase money shall be entitled to a patent for the land 
described in said lease or leases. 

Sec. 2664. When a sale is made of any lands the president shall execute to the 
purchaser a certificate, countersigned by the secretary, stating the fact of pur- 
chase, the name of the purchaser, the description of the land, and its fixed value. 
Upon payment of the purchase price to the State treasurer, the biiyer or his 
assigns will be entitled to a patent or patents therefor, and upon presentation of 
such certificate to the secretary of state, with the receipt of the treasurer showing 
full payment, stating the amount, he shall issue to the purchaser, or his assigns, 
one or more patents for the tract or tracts of land therein described, signed by 
the governor and secretary of state, as other patents or deeds of land conveyed 
by the State, which shall vest in the purchaser all the right and title and interest 
of the State and of said college therein. 

Sec. 2665. The principal of all money so collected must be paid to and held 
by the treasurer of state, and shall be drawn out only. for the purpose of invest- 
ment, upon the order of the board of trustees. The interest or rental collected 
must be paid at the end of each month to the treasurer of the college, and the 
agent collecting the same must at the same time file with the secretary of the 
board of trustees an itemized report of the amount collected. 

Sec. 2666. The board shall manage and invest the endowment fund, Avhich 
may be done in the bonds of the United States or this State or in some other safe 
bonds yielding not less than 5 per cent oh the par value thereof; but the proposed 
investment shall be submitted to and approved by the executive council before 
being consummated. 

Sec. 2667. It may loan said fu.nds upon approved real estate security, subject 
to the following regulations: (1) Each loan shall be for a term not exceeding ten 
years, at a rate of interest to be fixed by said board, not less than 6 per cent per 
annum, payable annually; (2) each loan shall be secured by a mortgage para- 
mount to all other liens upon improved farm lands in the State, the loan not to 
exceed 50 per cent of the cash value thereof, exclusive of buildings; (3) principal 
and interest shall be payable to the order of the board at the office of the State 
treasurer, the notes and mortgages to provide for the payment by the borrower 
of all expenses, attorney's fees, and costs incurred in collecting the same; (4) a 
register containing a complete abstract of each loan, and showing its actual con- 
dition, shall be kept by the secretary of said board, and be at all times open to 
inspection. The attorney-general, under the direction of the executive council, 
shall prepai'e the necessary blanks, forms, and instructions to carry into effect 
the provisions of this section and to keep such loans secure and unimpaired. 

Sec. 2668. Subject to approval by the executive council, the board may appoint 
a financial agent to negotiate loans in accordance with the provisions of this chap- 
ter, and take charge of the foreclosure of mortgages and collections from delin- 
quent debtors to said fund when so directed by it. Such agent shall hold his 
office during the pleasure of the board, and, before entering upon the discharge 
of his duties, take the oath required of civil officers, and give bond in a penal 
sum to be determined, and, with sureties, to be approved by said board, condi- 
tioned for the faithful performance of the duties of his agency and the payment 
into the State treasury of all funds which shall come into his hands in connec- 
tion therewith. Such l)ond shall be in a sum at least double the amount of funds 
likely to come into his hands at any time, and be for the use and benefit of said 
college; and actions for breach of its conditions may be brought in the name of 
said board. 

Sec. 2669. The financial agent shall receive a compensation, to be fixed by the 
board of trustees, not exceeding the sum of $1,200 annually, and $800 annually in 
addition for assistants and subagents and all necessary expenses connected with 
the discharge of his duties, to be paid as that of other officers out of the treasury 
of the State. 

Sfic. 2670. The foreclosure of any mortgage belonging to said college may be 
made in the name of the board of trustees, and in case of sale upon execution 



68 EDUCATIOlSr EEPOST, 1901-1902. 

■nnder foreclosure, the premises may be bid off in tlie name of the college, and if 
a deed therefor is executed, the premises shall be held for the benefit of the col- 
lege, and snch lands shall be subject to lease or sale the same as its other lands. 

Sec. 2671. Money collected from delinquents shall at once be paid into the State 
treasury, the principal of the fund to be there kept and drawn out for the purpose 
of investment as above provided, subject to such restrictions as may be imposed 
by the executive council. The State treasurer shall .make monthly reports to the 
secretary of the board of trustees, showmg all pajrments of principal and interest 
made, and remit to the treasurer of the college. All interest in his hands, as 
shown by such report, shall be loaned as other funds or used to defray the expenses 
of the college. 

Sec. 2672, The board of trustees may appoint agents or do any other act neces- 
sary to carry out the provisions of the preceding sections where no such authority 
has already been given; but no agent shall be permitted to receive money until he 
has executed a bond in a sum double the amount he will be likely to receive, 
which bond, with the sureties, shall be approved by the board. Such agent shall 
mate monthly itemized statements to the secretary of the board of the amount of 
money received by him, and at the same time transmit to the treasurer of the col- 
lege all funds in his hands. 

Sec. 2673. No person shall open, maintain, or conduct any shop or other place 
for the sale of wine, beer, or spirituous liquors, or sell the same at any place within 
a distance of 3 miles from the agricultural college and farm: Provided, That the 
same may be sold for sacramental, mechanical, medical, or culinary purposes; and 
any person violating the provisions of this section shall be punished, on conviction 
by any court of competent jurisdiction, by a fine not exceeding $50 for each 
offense, or by imprisonment in the county jail for a term not exceeding thirty 
days, or by both such fine and imprisonment. 

Sec. 2609. The general assembly shall elect the following regents and trustees 
of the State institutions, all of whom on any one board shall not be of the same 
political party. * * * For the agricultural college, one trustee from each Con- 
gressional district who shall hold oflBce for six years. 

Sec. 2610. The term of each regent and trustee shall commence on the 1st day 
of May following the election; those holding for a term of six years shall be 
divided as nearly as may be into three equal classes, the terms of one class ending 
each two years; those for four years into tv/o classes, the terms of one class ending 
each two years. 

Sec. 2611. If the term of any regent or trustee now holding office expires prior 
to the 1st day of May in the even-numbered year, he shall hold until that time; 
terms of new regents or trustees shall commence on the expiration of the terms 
of the present incumbents ending on the 1st day of May of the even-numbered 

year. /. , • 

Sec. 2612. Each regent, trustee, president, secretary, and treasurer of the uni- 
versity, and each State institution and all other officers thereof required to give 
bond, shall, before entering upon his duties, take the oath of office required of 
civil officers in the chapter tipon qualifications for office, which shall be filed with 
the secretary of state or indorsed upon his bond. 

Sec. 2613. Members of the general assembly shall be ineligible to the office of 
regent or trustee of any of the institutions of the State. 

Sec. 2814. All requisitions upon the State treasurer for appropriations made for 
any State institution, unless otherwise provided, shall be presented quarterly on 
or after February 15. May 15, August 15, and November 15. 

Sec. 2615. A majority of the regents or trustees shall constitute a quorum and 
may transact any business properly coming before them. 

Sec. 2616. Each board of regents and trustees, when organized, may adopt such 
rules for its regulation and government and for the regulation and government of 
the institution in its charge, not inconsistent with law, as may seem just and 
proper. 

Sec. 2617. Regents and trustees shall be allowed $4 for each day actually and 
necessarily engaged in the performance of official duties, not exceeding thirty 
days in any one year, and milea^-e at the same rate as is allowed members of the 
general assembly. The limitation of thirty days shall not apply to building com- 
mittees, which shall not consist of more than three members, but such committees 
shall not charge for or receive compensation for more than sixty days in any one 

Sec 2618. All claims of members of boards of trustees or of regents for attend- 
ance upon meetings of the board for time actually and necessarily spent m official 
duties shall be itemized, showing the date of such service and the nature thereof, 
and shall be sworn to by the claimant and certified to by the president and secre- 



LAWS EELATING TO LAND-GBANT COLLEGES. 69 

tary of the board. It shall then he filed with auditor of state, who shall compute 
the mileage due each claimant by the nearest traveled route from his home to the 
place of meeting, and shall enter said mileage upon the claim, and, if it be 
found in due form of law, the auditor shall draw his warrant upon the treasurer 
of state for the amount of said attendance and mileage. No compensation shall 
be allowed any members of such boards except as provided in this chapter. 

Sec. 2619. The secretary of state shall, upon request, furnish proper blanks 
prepared in accordance with this chapter for the purpose of making claims by 
members of boards of trustees of State institutions for compensation. 

Sec. 2030. The auditor shall include in his reports to the governor the amount 
paid for such services and mileage, and to whom paid. 

Sec. 2497. The geological survey of the State shall be under the direction of the 
geological board, consisting of the governor, the auditor of the State, and the 
presidents of the agricultural college, the State university, and the Iowa Academy 
of Sciences. 

Sec. 178. Any contingent fund set apart to any office or officer to be expended 
for the State shall, as used, be entered in a proper book showing when, to whom, 
and for what purpose it was devoted, and receipts shall be taken therefor, pre- 
served, and filed with the report hereinafter required. On or before the 1st day 
of November preceding each regiilar session of the general assembly the officers 
or persons having charge of the fund shall make report to the State auditor in 
writing, showing in detail each item of expenditure made, and he shall not be 
credited with any sum not paid out in the manner contemplated by the law mak- 
ing the appropriation, nor unless the report shall be accompanied with the proper 
vouchers and receipts. All funds not thus accounted for may be recovered by 
the State from the proper officer or person, with 50 per cent damages thereon, 
and the State aiiditor shall, in his report to the governor, make a detailed state- 
ment of the condition of each appropriation contemplated by this section. 

Sec. 179. Every person appointed or elected a regent, trustee, manager, commis- 
sioner, or inspector, or a member of any board of regents, trustees, managers, 
commissioners, or inspectors, now or hereafter created or provided by law for the 
government, control, management, or inspection of any public building, improve- 
ment, or institution whatever, owned, controlled, or managed, in whole or in 
part, by or under the authority or direction of this State, shall, before entering 
upon the discharge of his duties as such regent, trustee, manager, commissioner, 
or inspector, take and subscribe an oath, in substance and form as follows: "I, 

, do solemnly swear that I will support the Constitution of the United 

States and of the State of Iowa; that I will honestly and faithfully discharge the 
duties of [my office] according to the laws that now are, or that may hereafter be, 
in force regulating said institutions, and prescribing the duties of regents, trus- 
tees, managers, commissioners, or inspectors thereof (as the case may be); that I 
will in all things conform to the directions contained in said law or laws, and that 
I will not, directly or indirectly, as such regent, trustee, manager, or commissioner, 
or inspector (as the case may be) , make or enter into, or consent to, any contract 
or agreement, expressed or implied, whereby any greater sum of money shall be 
expended or agreed to be expended than is expressly authorized by law at the date 
of such contract or agreement. 

Sec. 180. Oaths required by this chapter shall be filed in the office of the auditor 
of state, and he shall not draw any warrant on the State treasury for expenditures 
made or directed by any such officer until such oaths are so filed. 

Acts and resolutions of twenty-seventh general assembly, chapter 76 (1898): 
Section 1. That section 2646 of the code of Iowa be, and the same is hereby, 
amended by inserting between the word " trustees " and the word "but," in the 
second line of said section, the words "of which the governor and superintendent 
of public. instruction shall be members by virtue of office." 

Sec. 2. That section 2650 of the code of Iowa be, and the same is hereby, 
amended by striking out all of said section up to and including the word "year " 
in the fifth line of said section , and inserting therein in lieu thereof the following: 
"Annual meetings of the board of trustees shall be held at the college during the 
month of June of each year; the chairman may call special meetings when found 
expedient. The fiscal college year shall begin on the 1st day of July, and end on 
the 30th day of June of each year. (Approved March 28, 1898.) 

Ibid., chapter 135: That there is hereby appropriated to the State College of 
Agriculture and Mechanic Arts, out of any moneys in the State treasury not other- 
wise appropriated, the sum of $5,000, to be used for the purpose of building a 
carpenter shop on the grounds of the State College of Agriculture and Mechanic 
Arts, the same to be drawn from the State treasury on the certificate of the board 
of trustees of said college. (Approved April 6, 1898.) 



70 EDUCATION REPOET, 1901-1902. 

Ibid., chapter 163: Section — . That the board of trustees of the State College 
of Agriculture and Mechanic Arts be, and are hereby, empowered to purchase not 
to exceed 40 acres of land adjoining the present college farm, and to pay therefor 
from the college endowment fund in accordance with the provisions of the original 
national grant. 

Sec. — . When forty or more farmers of a county organize a farmers' county 
institute, with a president, secretary, treasurer, and an executive committee of 
not less than three outside of such ofiScers, and hold an institute, remaining in 
session not less than two days in each year, which institute maybe adjourned 
from time to time and place to place in said county, the county auditor, upon proof 
of such organization and such institute having been held, together with an item- 
ized statement showing the manner in which the money herein appropriated has 
been expended, shall certify the same to the auditor of state, who shall remit 
to the treasurer of such county his warrant for not to exceed $50, and there is 
hereby appropriated out of the moneys in the State treasury, not otherwise appro- 
priated, a sum not to exceed $50 annually for such institute work in each county. 
No officer of any such farmers' institute shall receive, directly or indirectly, any 
compensation from said State fund for services as such officer. 

Sec. 1676. The money appropriated and paid into the county treasury shall be 
designated as a farmers' institute fund, and no warrant shall be drawn thereon, 
except by an order signed by a majority of the members of the executive com- 
raittee. In case two or more organizations shall claim recognition as farmers' 
institutes in any county, a biU shall be audited by the board of supervisors, who 
shall divide said State fund as nearly as possible equitably, but in no case shall 
more than three institutes be held in one year in any county under the provisions 
of this chapter. 

KANSAS. 

Constitution (1859): Sec. 188. Provision shall be made bylaw for the establish- 
ment at some eligible and central point of a State university for the promotion of 
literature and the arts and sciences, including a normal and an agricultural depart- 
ment. All funds arising from the sale or rents of lands granted by the United 
States to the State for the support of a State university, and all other grants, 
donations, or bequests, either by the State or by individuals for such purpose, 
shall remain a perpetual fund, to be called the " university fund," the interest of 
which shall be appropriated to the support of the State university. 

Sec. 184. No religious sect or sects shall ever control any part of the common 
school or university funds of the State. [Probably this covers the fund of 1863, 
which was received by the State subsequently to the adoption of the constitution. 
The State university is mentioned under "Article VI— Education," and not under 
"Article VII — Public institutions."] 

[The following matter is taken from the " General Statutes of Kansas, 1899, being a compilation 
of all the laws of a general nature, incltiding the session laws of 1899, annotated to and including 
Kansas Reports, volume 59, and Kansas Appeal Reports, volume 7, by C. F. W. Dassler." Topeka, 
Kans., 1900.] 

Sec. 6523. That the provisions of the act of Congress approved July 2, 1863, 
are hereby accepted by the State of Kansas; and the_ State hereby agrees and 
obligates itself to comply with all the provisions of said act. 

Sec. 6524. That upon the approval of this act by the governor, he is hereby 
instructed to transmit a certified copy of the same to the Secretary of State and 
the Secretary of the Interior of the United States. 

Sec. 6525. Whereas the Congress of the United States, by an act approved July 
3, 1863, granted to the State of Kansas, upon certain conditions, 90,000 acres of 
public lands for the endowment, support, and maintenance of a college where the 
leading object shall be, without excluding other scientific and classical studies, 
and including military tactics, to teach stich branches of learning as are related 
to agriculture and the mechanic arts, in order to promote the liberal and practical 
education of the industrial classes in the several pursuits and professions in life; 
and whereas the State of Kansas by its legislature has expressed its acceptance 
of the benefits of the said act of Congress, and has agreed to fulfill the conditions 
therein contained: Therefore be it enacted, etc., 

Sec. 6536. That the college in the foregoing preamble mentioned is hereby per- 
manently located at and upon a certain tract of land situated in the county of Riley 
and bounded and described as follows: Commencing, etc., * * * containing 
100 acres: Provided, hoivever, That the location of said college as aforesaid is upon 
this express condition: That the Bluemont Central College Association, in whom 
the title to said land is now vested, shall within six months from and after the 



LAWS RELATING TO LAND-GRANT COLLEGES. 71 

approval of the governor hereto, cede to the State of Kansas in fee simple the real 
estate above described, together with all buildings and appurtenances thereunto 
belonging, and shall within such time transfer and deliver to said State the 
apparatus and library belonging to said Bluemont Central College Association. 

Sec. 6527. The governor of the State is hereby authorized to receive the title 
papers by which the foregoing mentioned property may be transferred to the State, 
and to cause the same to be duly recorded in the proper office, and to be deposited 
in the office of the auditor of State. 

Sec. 6528. The college for the benefit of agriculture and the mechanic arts, 
which was located by an act of the legislature of the State of Kansas approved 
February 16, 1863, shall be known as the Kansas State Agricultural College. 

Sec. 6529. The government of the college is vested in a board of seven regents, 
all of whom shall be appointed by the governor and confirmed by the senate, and 
whose term of office shall be four years. Five of said regents shall be appointed 
on or before the 1st day of April, 1897, one of whom shall hold his office until 
the 1st day of April, 1899, and four of whom shall hold their office until the 1st 
day of April, 1901. Two others shall be appointed on or before the 1st day of 
April, 1898, to hold office until the 1st day of April, 1899; and on or before the 
1st day of April, 1899, and every four years the-^eafter, previous to the 1st day 
of April, three regents (and after the 1st day of ^pril, 1897, four regents) shall be 
appointed by the governor and confirmed by the senate for a term of four years 
each, their terms expiring on the 1st of April. (Amended by an act passed in 
1901 making the president of the college an ex officio member of the board of 
regents in place of one of the appointed members. ) 

Sec. 6530. No one connected with the college as professor, tutor, teacher, or 
employee shall be a regent. 

Sec. 6531. The regents shall elect a president v/ho shall be the chief officer of 
the college, the head of each department thereof , and secretary of the board of 
regents, and whose duties and powers, otherwise than as prescribed in this act, 
shall be prescribed by the board of regents. 

Sec. 6533. The board of regents shall constitute the body corporate with the 
right as such to sue and be sued, to use a common seal and alter the same at 
pleasure. 

[Jn connection with this section may be quoted the remarts of the Kansas supreme coui-t: 
" They [the board] are a corporation having the entire control of all departments of the college — 
educational, financial, and administrative. They have the power to appoint and discharge the 
president and all the professors and teachers, and to fix and increase or diminish their several 
salaries. But with all these powers, they are not supreme nor irresponsible. Thej^ may ' sue 
and be sued,' just as the managing officers of other public corporations, such as cities, towns, 
counties, townships, and school districts may. * * *•- While the legislature unctuestionably 
intended to confer upon the board of regents extensive powers, yet it did not intend to confer 
upon them the irresponsible power of trifling with other men's rights with impunity; and mak- 
ing the regents responsible for their acts does not in the least abridge their powers. It only 
tends to make them more cautious and circumspect in tlie exercise of their powers. But the 
plaintiff in error [i. e., the board of regents] claims in substance that the board has no legal 
power to make a contract to employ a president or a professor or a teacher for any particular 
period of time and therefore that an agreement to employ a president or a professor or a 
teacher for three months or for any other definite period of time would be an absolute nullity. 
Now we can not think that this is correct. "We think that the board has the power to make a 
valid contract in advance, * * * and e3pecially so where the board reserves the right to dis- 
charge such president, professor, or teacher at any time for misconduct. It would certainly bo 
for the interest of the college that the board should have such ]jowcr. No man of spirit, of self- 
respect, and of capability would want to hold an office or position at the whim or caprice of a 
body of men with whom he might have but little if any personal acquaintance. No man of 
spirit, of self-respect, and of capability would accept an o.fflce unless he felt that he was reason- 
ably certain to hold the same for some reasonable period of time, * * * and generally men 
only of inferior talent could be found to accept it or to perform its functions with such a preca- 
rious tenure, a,nd even then a higher rate of compensation would be required than where the 
tenure is more stable and certain." (The Board of Eegents of the Kansas State Agricultural 
College V. Mudge, 21 Eans., pp. 939-930.)] 

Sec. 6533. The regents shall have pov/er to enact ordinances, by-laws, and regu- 
lations for the government of said college, to elect a president, to fix, increase, and 
diminish the regular number of rsrofessors and teachers, and to appoint the same, 
and to determine the amount of their salaries. They shall have power to remove 
the president and any professor or teacher whenever the interest of the college 
shall require. 

Sec. 6584. The college shall consist of four departments: (1) The department 
of agriculture, (2) mechanic arts, (3) military science and tactics, (4) literature 
and science. 

Sec. 6535. The immediate government of the several departments shall be 
intrusted to the president and the respective professors and teachers, but the 
regents shall have power to regulate the course of instruction and to prescribe, 
under the advice of the faculty, the books and authorities to be used in the several 



72 EDUCATIOIT EEPORT, 1901-1902. 

departraents; also to confer stich degrees and grant sitcIi diplomas as are conferred 
by Institutions of tlie highest grade. 

Sec. 6536. The college shall be open to all persons, under such regulations as 
may be prescribed by the regents: Provided, That no student shall be refused 
admittance to this college simply because he has been expelled from some other 
college. 

Sec. 6537. The board of regents shall make an exhibit of the affairs of the col- 
lege in each year to the superintendent of public instriiction, setting forth the 
condition of the college, the amount of receipts and expenditures, the number of 
professors and teachers and other officers, and the compensation of each; the 
number of students in the several departments and in the different classes, the 
books of instruction used, an estimate of the expenses of the ensuing year, a full 
transcript of the journal of the proceedings for the year, together with such other 
information and suggestions as they may deem important or the superintendent 
of public instruction may require to embrace in his report, which shall be reported 
by the superintendent of public instruction to the legislature in his annual report. 

Sec. 6538. The board of regents shall report annually the progress of said col- 
lege, recording any improvements and experiments made, with their cost and 
results, and such other matters, including State and industrial and economical 
statistics, as may be supposed useful; one copy of which shall be transmitted by 
mail, free, to all the other colleges which may be endowed under the provisions 
of the act of Congress approved July 2, 1863, and also one copy to the Secretary 
of the Interior. 

Sec. 6539. A board of visitors to consist of three persons shall be appointed by 
the governor, to hold their offices severally for one, two, or three years, but their 
successors shall hold their office for three years. It shall be their duty to make a 
personal examination into the state and condition of the college in all its depart- 
ments and branches once at least in each year, and report the result to the super- 
intendent of public instruction, suggesting such improvements as they may deem 
important, which report shall be embodied in the report of the superintendent. 

Sec. 6540. The regents shall have power to appoint a secretary, librarian, treas- 
urer, and such other officers as the interests of the college may require, who shall 
hold their office at the pleasure of the board and shall receive such compensation 
as the board may prescribe. 

Sec. 6541. The board of regents shall have the general supervision of the college 
and the direction and control of all expenditures. 

Sec. 6542. It shall be the duty of the board of regents at their earliest con- 
venience to secure a collection of specimens in mineralogy, geology, zoology, bot- 
any, and other specimens pertaining to natural history,and whenever a geological 
survey of the State may be made a complete set of specimens collected shall be 
deposited in the cabinet of the college. The said board shall make provision for 
increasing and preserving the library and apparatus belonging to the said college, 
and the apparatus and library that may be transferred to the State by the Blue- 
mont Central College Association. 

Sec. 6543. The first meeting of the board of regents shall be called by the super- 
intendent of public instruction as soon as may be after the fulfillment by the Blue- 
mont Central College Association of an act entitled ' ' An act to locate and estab- 
lish a college for the benefit of agriculture and the mechanic arts," approved 
February 16, 1863; but all siicceeding meetings shall be called in such manner as 
the said board may prescribe, and shall be held at the college building and at least 
once annually. 

Sec. 6544. A majority of the board of regents shall constitute a qiiorum to do 
business. 

Sec. 6545. The 90,000 acres of land granted to the State of Kansas by Congress 
to endow a college for the benefit of agriculture and the mechanic arts shall be 
used solely for the endowment of said Kansas State Agricultural College and for 
no other purpose whatever, and the interest on the fund arising from the sale of 
said lands shall be used as the board of regents may determine for maintenance, 
support, and development of the said agricultural college; but the principal or the 
money arising from the sale of said lands shall be invested according to law. 

[In a case known as Board of Regents of the Kansas State Agricultural College v. Hamilton, 
treasurer of Saline County (28 Kans. ) , the court said: " The controlling question in matters of taxa- 
tion is who in fact owns the property and not where rests the mere legal title. . . . The ques- 
tion then is who really and equitably owned this land? Unhesitatingly we affirm the State. 
The Kansas Stat« Agricultural College is a State institution; it is absolutely and exclusively 
under the control of the State; its property belongs to the State. It is true that to-day the State 
has created the board of regents into a body corporate, but to-morrow it may set aside this body 
corporate and place the control of the properties in any other board or organization. No pri- 
vate rights intervene. It is purely and solely a matter of State and pviblic control. The State 



LAWS RELATING TO LAND-GEAWT COLLEGES. 73 

created a body corporate, but why wo can not say. In regard to certain State institutions, why 
it did the same— as, for instance, in the case of the State University, why it omitted to do so in 
the case of the normal school, in the case of the State penitentiary— wo do not know. . . . It is 
enough for the purposes of this case to know that the State is the absolute owner and controller of 
the institution and its properties, and the mere manner in which it executes the trusts reposed 
in it by the act of Congress or disposes of the public property vested in it, isfor thepurposesof this 
case entirely immaterial. . . . This agricultural college is . . . a mere instrumentcreated directly 
by the State and is the one by which it manages the properties conveyed to it by the United 
States. . . . Therefoi-e our conclusion is that this real estate belonging absolutely to the agri- 
cultural college . . . is exempt from taxation" (pp. 379-380). a 

[In a case of 1875, Oswalt v. Hallowell, treasurer of Washington County, the court said: "But 
do tne laws of Kansas make this kind of land (i. e., agricultural land held under contracts piir- 
chase) held in this manner taxable? Now there can be no question as to the power of the State 
to tax all land within its borders not belonging to the United States or to Indians, even 
though the State may own the land itself. The only question, then, is whether the State has 
attempted to make these lands taxable. The first section of the tax law provides that ' all property 
in this State, real and personal, not expressly exempted therefrom shall be subject to taxation.' 
Now, are these laws [lands?] expressly exempted from taxation? We think not. . . . The land 
in question is not ' used exclusively for State purposes ' . . . and it does not belong to the State 
exclusively" (15 Kans., p. 156-157). The court adhered to this in 29 Kans., Board of Commissioners 
V. Baldwin. In Stahl, Treasurer of Lyon County, v. Kansas Educational Association of the 
Methodist Episcopal Church (1895), it was held that private corporation is liable to be taxed 
"when its real estate is rented to a tenant or its funds invested in other property for profit or 
loaned at interest" (p. 549, 54 Kans.).] 

Sec. 6546. The board of regents of the State Agricultural College are hereby 
authorized and directed to sell as soon as practicable and in the manner herein- 
after provided the public lands granted by act of Congress approved July 2, 1862, 
to the State of Kansas, for the benefit of agriculture and the mechanic arts. 

Sec. 6547. The said board of regents shall sell any portion of lands mentioned 
in the preceding section at a price not less than $3 per acre, for cash at the time of 
sale or upon the following conditions of credit, when deemed by them most condu- 
cive to the interests of said college, to wit: In eight equal annual installments, with 
10 per cent interest on each installment, payable annually, the first installment to 
be paid at the date of piirchase. The said board of regents are hereby authorized 
and directed to employ an agent or agents to sell said lands, and his rate of com- 
pensation with other expenses of sale shall not exceed 3 per cent upon the amount 
received from the sale of said lands, and he shall also have power to execute to the 
purchaser in the name of the State of Kansas all receipts for purchase money and 
title bonds necessary to be given in the sale of said lands: Provided, That on all 
timbered lands half of the purchase money shall be paid in advance, and also that 
a purchaser may at any time pay all arrearages and receive his patent: Provided, 
liowever, That all expenses of management and superintendence of said lands and 
all the expenses attending the sale thereof and the investment of the proceeds 
which may be received therefrom shall be paid by the State, and the auditor of 
State is hereby authorized to audit all expenses provided for in this act. 

Sec. 6548. That the board of regents of the Kansas State Agricultural College 
is hereby authorized, in viev^^ of the fact that all the lands granted for endowment 
of said college have been sold, to empower the secreta,ry of said board of regents 
to execute new contracts, subject to approval by said board of regents, for any 
lands returned upon forfeiture of contract, without the appointment of a land 
agent as provided by law, and the officer so empowered shall be required to make 
the settlements and statements required of the land agent by law. 

Sec. 6550. The said argent or agents shall, before he or they enter iipon the duties 
of the office, execute to the State of Kansas a bond in the sum of $40,000; said 
bond to be approved by the governor and filed in the office of the secretary of 
state. 

Sec. 6551. The president and secretary of the board of regents or their agents, 
shall give receipts to the purchaser of said lands for the payment of all installments 
and interest due thereon; and when the last installment upon any one purchase has 
been paid, the purchaser, his heirs or assigns, shall be entitled to a patent for the 
land so purchased, from the governor, under the great seal of the State, which 
patent shall confer upon the grantee a title in fee simple for the lands described 
in said patent. 

Sec. 6552. The treasurer of the said agricultural college shall, before he receives 
from the board of regents the order for the funds in the hands of the State treasurer, 
execute and give a bond with five or more securities, to be approved by the board of 
regents, in double the amount of the fimds of the said agricultural college, as near 
as the same can be ascertained, which will come into his hands as treasurer dur- 
ing his term of office, payable to the Kansas State Agricultural College, and con- 

« The constitution of Kansas (art. 11) provides that the legislature shall provide for a uniform 
and equal rate of assessment and taxation, but all property used exclusively for State, county, 
municipal, literary, educational, scientific, religious, benevolent, and charitable purposes, and 
personal property "to the amount of at least $200 for each family shall be exempted from"" taxation. 



74 EDFOATIOK EEPOET, 19014902. 

ditioned for the faithful discharge of his duties as treasurer of the said college. H© 
shall keep an accurate account in a book kept for that purpose of all moneys, 
notes, bonds, or other evidences of indebtedness coming into his hands as treas- 
urer, and shall keep a separate account of the endowment and interest funds; he 
shall pay out no moneys except iipon the order of the board of regents or the loan 
commissioner. 

Seo. 6553. The board of regents may, if they deem it for the interest of said 
agricultural college, direct the treasurer to sell or dispose of any or all bonds or 
other evidences of indebtedness belonging to the said college, on such terms as 
they may prescribe, and the land commissioner shall, under their direction, rein- 
vest the proceeds as provided by this act. 

Sec. 6554. Any person failing to pay the purchase money for any of the lands 
purchased from the Kansas State Agricultural College, or any installment of the 
same, shall forfeit all right to the land from the time of such failure of payment, 
and the board of regents shall proceed to eject such person from said land, if in 
possession. 

Sec. 6555. The governor, treasurer, and secretary of the State of Kansas are 
hereby authorizTed and directed to issue, on or before the 1st day of April, 1866, 
the bonds of the State of Kansas for the sum of $5,500, the same to be negotiated 
by the governor, and the proceeds to be paid into the State treasury; said bonds, 
with coupons attached, shall run five years from their date, bearing interest at 
the rate of 10 percent per annum, payable semiannually at the office of the treas- 
urer of State, and shall not be sold below their par value. 

Sec. 6556. The proceeds of the sale of said bonds shall be applied as follows, to 
vnt: The sum of $5,500 to pay arrearages incurred in conducting the Kansas State 
Agricultural College, and to defray the current expenses of said college for the 
year 1866, and the auditor of State is hereby authorized to draw his warrant on 
the State treasurer in favor of the treasurer of the board of regents upon an order 
of said board. 

Sec 6557. The amount to be applied out of the income referred to in section 5 
of this act, to meet the current expenses of said college, shall not exceed $4,000 
per annum as long as the principal and interest on said bonds herein provided to 
be issued remains unpaid; and all moneys realized from the accruing interest on 
said deferred payments and securities over $4,000 per annum shall be by the State 
treasurer applied in liquidation of said bonds, on the 1st day of January of each 
year, until the whole of said loan secured by the bonds herein provided shall have 
been paid: Provided, however, That if a sufficient fund is raised from the sale of 
said lands as will afford a surpltis income after paying the bonds herein provided 
to be issued, and interest thereon as the same becomes due, a larger sum to defray 
the current expenses of said college may be appropriated, if the board of regents 
in their judgment may deem it necessary. 

Sec. 6558. The treasurer of the board of regents shall audit all accounts of said 
agent or agents for the sale of said lands and all other accounts against said col- 
lege, and the auditor of state shall audit all the accounts of said treasurer of said 
board of regents relating to said lands, and the sale thereof, and to the current 
expenses of said college. 

Sec. 6559. All moneys, bonds, mortgages, promissory notes, or other evidences 
of indebtedness due or belonging to the endowment fund of the State Agricultural 
College now in the hands of the treasurer, loan agent, or land agent of said State 
Agriculttiral College are hereby ordered turned over to the treasurer of the State 
of Kansas on or before April 1, 1883. The officer or officers delivering such secu- 
rities shall take receipts therefor in triplicate. One of said receipts shall be filed 
with the auditor of state, one with the board of regents, and one to be retained by 
the officer making such x)ayment. The treasurer of state shall be responsible on 
his official bond for all sums of money, securities, bonds, or other valuable things 
which may come into his hands by virtue of this act, and shall at the close of each 
month make to the secretary of the board of regents a detailed statement of col- 
lections and disbursements and the condition of such funds belonging to said 
college. 

Sec. 6560. The board of regents shall appoint a loan commissioner, whose duty 
it shall be to make investments of the funds belonging to the said Agricultural 
College. The board of regents shall adopt rules and regulations under the_ provi- 
sions of this act, prescribing the kind and manner in which all bonds and invest- 
ments shall be made by said loan commissioner. He shall keep an accurate 
account in a book kept for that purpose of all loans and investments. He shaU 
draw his warrant upon the, treasurer of state for such sums as he may loan 
or invest, specifying in the warrant to whom the same is payable. The presi- 
dent of the college and secretary of the board of regents of the Agriciiltural 



LAW3 EELATING TO LAND-GRANT COLLEGES. 75 

College shall approve all loans and. investments made, and with the loan com- 
missioner shall sign all warrants issued on the State treasurer. The loan 
commissioner shall draw no warrant except for loans and investments, and 
separate warrants shall be drawn for each loan or investment. All loans or 
investments shall be made in the name of the Kansas State Agrictiltural College, 
and all principal and interest shall be payable at the office of the State treasurer. 

Sec. 6561. The interest acci-uing on the investment of the State Agricultural 
College funds and the interest paid upon sales of Agricultural College lands shall 
be paid over to the treasurer of the State Agricultural College by the State treas- 
urer upon the warrant of the president of the board of regents, attested by the 
secretary. 

Sec. 6562. The agent for the sale of State Agricultural College lands shall, on or 
before the 5th day of each month, pay over to the State treasurer all money 
received by him on account of sales of said lands or collections on prior sales for 
the month preceding. At the time of making such payment said land agent shall 
deliver to the auditor of state, and also to the secretary of the board of regents, 
a detailed statement, duly certified under his hand, showing the number of acres 
and descriptions of the lands sold, by whom purchased, and the price per acre, 
and all collections on prior sales for the months upon which payments are made 
to the State treasurer. 

KENTUCKY. 

Constitution (1891): Sec. 184. No siim shall be raised or collected for education 
other than in common schools until the question of taxation is submitted to the 
legal voters and the majority of the votes cast at said election shall be in favor of 
such taxation: Provided, The tax now imposed for educational purposes, and for 
the endowment and maintenance of the Agricultural and Mechanical College, shall 
remain until changed by law. 

Sec. 189. No portion of any fund or tax now existing, or that may hereafter be 
raised or levied for educational purposes, shall be appropriated to or used by or 
in aid of any church, sectarian or denominational school. 

[In tlie cases Higgins v. Prater, sheriff, and Hill v. Hamilton, sheriff (91 Ky.), the Kentucky 
court of appeals said: " The question presented in these cases is not only an important but a del- 
icate one. Delicate because we must determ.ine whether a legislative act is constitutional and 
important, because it relates to education, which has been said to be the birthright of every 
child born in a republic. Its consideration has been delayed because of repeated legislative agi- 
tation upon the subject; but as a convention is now in session, framing a proposed organic law 
for the State, it is proper that it shoiild be decided. Our legislature in 1880 passed a statute 
imposing a tax of one-half a cent on each $100 in value of taxable property in the State for that 
year, and for each subsequent year, for the benefit of the Agricultural and Mechanical College of 
Kentucky, which is an educational institution incorporated by the law of the State, and under 
its control. The tax is a small one. The owner of §10,000 worth of property pays but 50 cents a 
year. If unconstitutional, however, then it is oppressive, however small. If the college can 
fairly be considered a part of our common-school system, then this is an end of the controversy. 
It is unsectarian in character. Its design is to furnish at a cheap rate of tuition a pi-actical and 
liberal education to the rich and poor alike. * * * It has a normal department and is subject 
to the control of the State board of trustees. Each legislative district of the State can send one 
student per year, who may take the entire collegiate co\u-se free of charge for tuition, and it may 
in like manner send for one year not more than fotir persons, in the discretion of the board of 
control, who are or intend to be teachers. Notwithstanding all this, however, we thiiik it clear, 
in the light of the proceedings of the convention which framed our constitution, and legislation 
prior and subequent thereto, as well as from the opinions of this court in the case of Halbert v. 
Sparks, 9 Bush. (73 Ky., p. 262), and Collins v. Henderson, etc., 11 Bush. (74 Ky., defining what was 
meant by 'common schools'), that this institution cannot be regarded as a part of our common- 
school system. In fact, this is virtually conceded in argument; and this brings us to the consid- 
eration of the highly important question, which is, res Integra, whether the legislature can con- 
stitutionally aid by taxation any educational institution whatever, other than common schools. 
It is plain that it is not expressly forbidden by the article of the constitution above cited. 

" An implied prohibition is, however, claimed. * * * It is urged that * * * the organic 
law has confined the use of any money raised by taxation to the support of common schools. In 
determining this question this court can not consider whether the result may cripple rival insti- 
tutions or possibly affect the future prosperity of our commonr-school system. These are mat- 
ters of expediency that address themselves to the lawmaker and not to the courts. * * * 
[Now] does the constitution impliedly forbid the raising of any public money by tasation for 
any educational purposes, save the general common-school fund of the State? Common-school 
education is the subject of the article. No other sort of education is named. The original of 
the school fund named in the constitution came from the General Government. In 18.36 it dis- 
tributed among the States a large surplus of money, this State's portion being nearly Sl,.500,000. 
It should, perhaps, in view of the understanding with which the donation was made, have set 
apart the entire sum for the support of a general system of education. It did so, however, in 
1837 to the extent of §1,000,000. In 18S8 the legislature reduced the sum to $850,000, for which sum. 
State bonds, bearing interest payable semiannually, were issued to the board of education. 
Those in authority regarded this as a debt due by the State to itself, therefore the payment of 
interest was neglected, to which default the legislature by its action was a party. The money 
thus donated to the State was in the main used in the construction of internal improvements. 
In 1845 the legislature directed the board of education to surrender the bonds that had been 
executed to it to the governor, with directions that he burn them, lists thereof being kept, and 
this was done. The friends of common-school education became alarmed. In 184S the legislature 



76 EDUCATIOlSr REPOET, 1901-1902. 

passed an act which recognized the sacredness of the original debt, directed the execution of a 
Dond to the board of education for its unpaid interest, amounting then to nearly $300,0(X), but 
made it payable at the pleasure of the legislature, and ordered a vote of the people as to whether 
a tax of 2 cents on the SlOO of taxable property should be levied ' for the purpose of establishing 
more permanently a common-school system in the State.' It carried by a very large majority. 
The convention that framed our present constitution (that of 1850) met the following year. 

' ' The public mind was still excited in regard to the then recent invasion of the common-school 
fund. This was the mischief to be remedied, and it was to be done by placing the bond beyond 
the caprice of future legislatures. It then existed only by legislative sufferance, as neither of 
the first two constitutions of the State contained any provisions as to education. Prior to 1849, 
we do not think, in the light of all historical information at hand, it can fairly be said there was 
any conflict between the friends of higher and lower education. If so, it is likely it would have 
been carried into the convention of that year, and there is no trace of it. The debates in that 
body show that this was not the question before it. It was never named. This silence is signifi- 
cant in the consideration of this case. The purpose was, in the language of one of the leading 
members of the convention, 'to place the common-school fund beyond legislative control.' 
Some favored a future tax for it by constitutional giiarantee, while others, although in favor of 
making the fund inviolate, desired to leave future taxation to the legislature. This was the main 
ground of difference. The last view prevailed * * * and the members generally used the 
terms ' educational purposes ' and ' common-school purposes ' as synonymous terms. Hence, the 
court decided that the constitution of 1850 was merely confining money raised by taxation for 
common schools to the support of common schools, but was not interdicting the legislature from 
laying taxes for higher education. In 14 Bush. (77 Ky.) it was decided, in Auditor (of State) v. 
Kalland, etc. (p. 153), that ' The general assembly has no power thus to abdicate its control over 
the fund (common school) and abandon to the county courts, to be performed or not at their 
pleasure, the duty and power which the constitution has imposed upon and vested alone in the 
legislature.'"] 

Seo. 170. There shall be exenapt from taxation public property used for public 
purposes; places actually used for religious worship, with the grounds attached 
thereto and used and appurtenant to the house of worship, not exceeding one-half 
acre in cities or towns and not exceeding 2 acres in the country; places of 
burial not held for private or corporate profit, institutions of purely public charity, 
and instittitions of education not used or employed for gain by any person or 
corporation, and the income of which is devoted solely to the cause of education; 
public libraries, their endowments, and the income of such property as is used 
exclusively for their maintenance; all parsonages or residences owned by any 
religious society and occupied as a home, and for no other purpose, by the minis- 
ter of any religion, with not exceeding one-half acre of ground in tovnis and 
cities and 2 acres of ground in the country appurtenant thereto. 

[The following matter is taken from "The Kentucky Statutes, containing all general laws, 
2d ed., prepared by John D. Carroll." Louisville, 1899.] 

Kentucky Statutes: Sec. 15. The government, administration, and control of 
the Agricultural and IMechanical College of Kentucky is hereby vested in a board 
of trustees, constituted and appointed as follows: (1) His excellency the governor 
of Kentucky, who shall be ex officio chairman thereof; (2) fifteen men, discreet, 
intelligent, and prudent, who shall be nominated by the governor of Kentucky, 
by and with the advice and consent of the senate. They shall hold office for six 
years, five retiring and five being appointed at each regular session of the general 
assembly. Said nominations shall be made within fifteen days after the legisla- 
ture convenes. Said trustees shall be appointed and distributed as follows, namely, 
one from each Congressional district outside of the Congressional district in which 
Lexington is situated, and the remainder from the latter district; btit no more 
than three trustees shall be appointed from the coimty of Fayette: Provided, That 
no trustee now serving under an appointment previously made shall be displaced 
by the operation of this act before his term of service shall expire; (3) the presi- 
dent of the college shall be ex officio a member of the board of trustees. 

Sec. 16. The board of trustees, when appointed and qualified, shall be a body 
corporate, under the corporate name of the Agricultural and IVIechanical College 
of Kentucky, and as a corporation shall have power to sue and be sued, implead 
and be impleaded, contract and be contracted with, and possess all the immuni- 
ties, rights, privileges, and franchises usually attaching to the governing bodies 
of educational institutions. They shall have power to receive, hold, and admin- 
ister, on behalf ©f the institution whose government, administration, and control 
is committed to them, all revenues accruing from all existing or future endow- 
ments, appropriations, or bequests, by whomsoever made, subject to the condi- 
tions attaching thereto; to receive, administer, and apply, for and on behalf of 
said college, all moneys, devises, stocks, bonds, buildings, museums, lands, appa- 
ratus, etc., under the conditions attaching thereto. Said trustees shall have 
power to determine, from time to time, the number of departments 6f study or 
investigation which the college shall comprise within the scope of the organic act 
of Congress, or acts supplementary thereto, donating land scrip for the endow- 
ment of agricultural and mechanical colleges; the relation which each depart- 
ment or group of departments shall sustain to each other and to the whole; to 



LAWS RELATmG TO LAND-GBANT COLLEGES. 77 

devise, allot, and arrange the distributions of departments or groups of depart- 
ments, with the designation appropriate to each; and to devise the means required 
for their effective instrxiction, administration, and government. They shall have 
also power to appoint presidents, professors, assistants, tutors, and other oificers, 
and to determine the salaries, duties, and official relations of each; and shall pro- 
vide for a definite salary in money attached to all positions created and tilled by 
the board of trustees; and there shall be no additions thereto in the form of fees, 
perquisites, or emoluments of any kind whatever. They shall have full power to 
suspend or remove at will any of the of&cers, teachers, professors, or agents whom 
they are authorized by law to appoint, and to do all other acts which may be 
needful for the welfare of the institiition. 

Sec. 17. Said board of trustees shall have power to grant degrees to the alumni 
of the institution, to prescribe conditions upon which post-graduate honors shall 
be obtained by its alumni and others, and to confer such honorary degrees upon 
the recomnaendation of the faculty of the institution as they may think proper. 

Sec. 18. A majority of the whole board shall constitute a quorum for the 
transaction of business. 

Sec. 19. In the appointment of presidents, professors, or instructors no pref- 
erence shall be shown to any religious denomination. 

Sec. 20. The board of trustees shall meet in Lexington twice each year in the 
president's room in the college, namely, upon the Tuesday preceding the annual 
commencement and upon the second Tuesday in December. In the absence of 
the governor the board shall have the power to appoint a chairman pro tempore. 
They shall elect annually a secretary, who shall keep a record of their proceed- 
ings, and a treasurer, who shall receive and disburse the funds, and a business 
agent, who shall make all purchases for all departments of the college and attend 
to all the business under the direction of the board. Said secretary and treasurer 
and business agent shall receive for their services a fair compensation, but the 
treasurer elected under the provisions of this act shall not be a member of the 
board of trustees or of the faculty of the college, or otherwise an employee of the 
college or of any of the departments thereof. They shall at each regular meeting 
appoint an executive committee, consisting of five of their number residing in or 
near Lexington, including a chairman thereof, three of whom shall constitute a 
quorum, and said committee shall choose from their number a chairman pro 
tempore, to act in the absence of the permanent chairman. The executive com- 
mittee shall be charged with the general administration of the affairs of the 
college, under such by-laws and regulations as shall be prescribed by the board of 
trustees, and with the execution of measures specially authorized by the board. 
It shall, at each regular meeting of the triistees, and at each called meeting, if . 
required, submit to the board a complete record of its proceedings for the con- 
sideration and approval of the board of trustees: Provided, That the authority of 
the board of trustees to revise the acts of the executive committee shall not 
extend to the general or specific authority granted by the board of trustees, and 
within the sums appropriated by the board for the specific or contingent objects 
at regular or called meetings. The secretary of the board of trustees shall also 
be secretary of the executive committee and the ciTstodian of the records, and so 
forth, of the board and said committee. 

Sec. 21. The treasurer of said college shall enter into covenant with the Com- 
monwealth of Kentucky, with one or more good sureties bound therein, to be 
approved by the l3oard of trustees, conditioned for the faithful performance of 
his duties and the payment of all moneys that shall come to his hands to his suc- 
cessors in office or to such person or persons as may be lawfully entitled to receive 
the same. Any person or persons, including the board of trustees, injured by any 
breach of this bond may maintain in the Fayette circuit court appropriate action 
thereon. The said treasurer shall keep an itemized account of receipts and 
expenditures and shall pay out no money except on authorization of the board of 
trustees, given directly or through its executive committee. He shall render to 
the executive committee monthly statements of receipts and expendittires and 
amount on hand, and a full detailed statement, with vouchers, for the information 
and action of the board of trustees at its regular annual meeting and at other 
periods when required. 

Sec. 22. In the case of the death, resignation, or refusal to serve of any of the 
trustees appointed as members of the board on behalf of the State the remaining 
trustees shall, at their first meeting thereafter, have power to fill all vacancies 
occasioned by such death, resignation, or refusal to serve, and the person or per- 
sons so appointed shall hold their office as trustees during the natural or unex- 
pired terms of the person or persons for whom they are substituted and appointed. 



78 EDUCATION REPOET, 1901-1902. 

Any trustee who shall fail to attend two consecutive meetings, without proper 
notification to the secretary of the reason therefor, shall thereby vacate his office 
of trustee, and the hoard shall fill the vacancy as hereinbefore provided for. 

Sec. 23. All necessary expenses incurred by the trustees in going to, returning 
from, or while attending the meetings of the board shall be met and discharged 
out of the funds of the institution. 

Sec. 24. That in addition to the regular meetings, called meetings of the board 
of trustees may also be held. The call for such meeting must be in writing, 
signed by three or more trustees. The call must also be formally communicated 
by the secretary to each trustee by mail, at his post-office address, at least fifteen 
days before the day fixed for the meeting, and must state definitely the object of 
the meeting; and no business not thus explicitly announced shall be acted on at 

"tllG CRllcdL HlGGtinS'. 

Sec. 25. That the regular collegiate period of the agricultural and mechanical 
college shall be four years, and only those students who pass through that period 
and attain the prescribed standard of proficiency in the regular course of studies, 
or those who have qualified themselves elsewhere, shall be found, after at least 
one year's attendance in the college, to have attained the prescribed standard of 
proficiency in the regular course of studies shall receive a diploma from the col- 
lege. But a normal department or course of instruction for irregular periods, 
designed more particularly, but not exclusively, to qualify teachers for common 
or other schools, and an academy or preparatory department to prepare students 
for the regular courses of study in the college shall be established and maintained 
in connection with the college, each under a competent principal and assistants, 
and under the general supervision and control of the faculty thereof. 

Sec. 26. The board of trustees are hereby empowered to establish proper regula- 
tions for the government of the college and the physical training, military or 
otherwise, of the students, and to authorize the suspension and dismissal of stu- 
dents for neglect or violation of the regulations, or for other conduct prejudicial 
to the character and welfare of the institution. 

Sec. 27. The board of trustees shall make to the general assembly, within the 
first month of each regular session, a full report of the condition and operation of 
the college since the date of the preceding report, with such recommendations 
concerning the college as may be deemed necessary. 

Sec. 28. Each legislative district in the State shall, in consideration of the incomes 
accruing to the college under "An act for the benefit of the Agricultural and' 
Mechanical College of Kentucky," approved April 29, 1880, be entitled to select 
and to send to said college each year one properly prepared student, free from all 
charges for tuition, matriculation fees, room rent, fuel and lights, and to have all 
the advantages and privileges of the college and dormitories free, except board. 
Students shall be entitled, free of any cost whatever, to the benefits enumerated 
above for the term of years necessary to complete the course of study in which he 
or she matriculates for graduation, or during good behavior. All beneficiaries of 
the State who continue students for one consecutive collegiate year, or ten months, 
tmless unavoidably prevented, shall also be entitled to their necessary traveling 
expenses in going to and returning from said college. The selection of the bene- 
ficiaries shall be made by the superintendents of common schools in their respec- 
tive counties, upon competitive examination on subjects prepared by the faculty 
of the college and transmitted to said superintendents before the 1st day of June 
of each year: Provided, That no standard of admission adopted by the college for 
admission into the academy shall exckide from the benefits of this act county 
appointees w^ho have completed the course of study prescribed by law for the com- 
mon schools of the Commonwealth. Said competitive examination shall be open 
to all persons between the ages of 14 and 21 years. Preference shall b.e given, 
other things being equal, to those who have passed with credit through the public 
school, persons of energy and industry whose means are small, to aid whom in 
obtaining a good education this provision is intended. If any representative dis- 
trict contains more than one county, each county so included shall be entitled to 
select one beneficiary as aforesaid. Said competitive examination shall be held 
and the successful competitor appointed between the 1st day of June and the 1st 
day of August of each year. It shall be the duty of the coimty supermtendent to 
make known the benefits of this provision to each common school district under 
his superintendency, with the time and place, when and where such competitive 
examination shall be held. He shaU for this purpose appoint a board of exam- 
iners whose duty it shall be to conduct the examination. 

Sec. 29. In addition to the foregoing, teachers, or persons preparing to teach, 
may be admitted at the rate of not more than four from each county, upon the 
same conditions, receive the same benefits, and have the same privileges m said 



LAWS RELATING TO LAKD-GEANT COLLEGES. T^ 

college as prescribed in the preceding section. The appointments shall be vested 
in the county superintendents. Said appointments may be made and certified to 
the president of the college at any time between the 1st day of July and the 31st 
day of December of each year. 

Sec. 30. The president shaU, on or before the 1st day of July of each year, have 
printed and mailed to each county superintendent of common schools of this State 
at least as many circulars of information relative to said college as there are 
common school districts in said respective counties. Said circulars shall set forth 
in full the benefits of, methods of admission into, and the probable cost to benefi- 
ciaries of said college. The county superintendents of common schools shall have 
at least one of said circulars posted in the schoolhouse of each common school dis- 
trict in their respective counties during the term of the free school thereof. 

Sec. 2735. (1) The geological collection, including maps, charts, apparatus, 
and all the accumulated material of the geological survey, is hereby directed to be 
removed to the building of the State college, to be placed in rooms suitable for 
that purpose, there to remain, subject, however, to be recalled at any time that 
may seem proper by the general assembly. 

(2) The present inspector of mines shall keep an office at the State college, and 
the salary of himself and each assistant, including his salary as curator of the 
geological stirvey, as provided by law, shall continue during the term of service 
for which he and they were appointed. 

(3) The board of trustees of the State college are hereby authorized to establish 
a course of study in said college to be known and designated as the ' ' course of 
mining engineering," in which shall be taught all the branches of science relating 
thereto, and said board of trustees shall, after the expiration of the terms of service 
of the present inspector and assistants, respectively, select, as other professors are 
selected, a suitable and competent person for dean of the same, with the necessary 
staff of assistants, and said dean shall, by reason of said selection, be the inspector 
of mines, with all the powers and privileges now conferred upon the said inspector 
by law. It shall also be his duty to determine, by chemical analysis or otherwise, 
the kind and quantity of the mineral products of the State of Kentucky as may 
be sent to him for inspection or analysis, and give written opinions thereon; but 
these latter duties shall not be allowed to interfere with his duties as inspector, 
relative to the safe condition of the coal mines of the State. He shall take the 
required oath and give the same bond as now required by same ofiBcer. He and 
Ms assistants shall hold office on identically the same conditions with other pro- 
fessors in said college, and shall be subject to removal as they are. Said dean 
and his assistants, however, inasmuch as their duties consist primarily and prin- 
cipally of work peculiarly public and practical in relation to the mines and min- 
eral products of the Commonwealth, shall be regarded as public servants in a 
sense in which the ordinary professors of the college can not be regarded, and 
shall therefore receive compensation directly from the State and not from the 
funds of the college, and their compensation as now &s.ed by law shall be certi- 
fied to the auditor as heretofore and paid out of the treasury as now paid. 

(4) The inspector of mines is hereby directed to remove within a reasonable 
time the geological collection of this State, including maps, apparatus, etc., to 
the State college at Lexington. 

Sec. 1822. In each year, before any person or company shall sell,- offer, or expose 
for sale in this State any commercial fertilizer, said person or company shall fur- 
nish to the director of the agricultural experiment station of the Agricultural and 
Mechanical College of Kentucky, which station is hereby recognized as the " Ken- 
tucky Agricultural Experiment Station," a sealed quantity of such commercial 
fertilizer, not less than 1 pound, sufficient for analysis, accompanied by an affi- 
davit that the sample so furnished is a fair and true sample of a commercial fer- 
tilizer which the said person or company desires to sell in this State, and said 
affidavit shall also state the name and address of the manufacturers, the name of 
the fertilizer, the number of net pounds in each package, and the minimum per- 
centages of the essential ingredients guaranteed in each fertilizer, in such form 
and manner as may be prescribed by said director. 

(2) The director of said experiment station, upon receipt of affidavit and sam- 
ple, as provided for in section 1, and upon receipt of the fees hereinafter provided, 
shall issue to said x^erson or company a sufficient number of labels to tag not^ less 
than 20 tons of said fertilizer, on which label shall be printed the name and address 
of the manufactru-er, the name of the fertilizer, the number of net pounds in each 
package, and the minimum percentage composition in terms approved by the said 
director, as certified to in affidavit furnished by said person or company ,_together 
with a certificate from the director over his facsimile signature, authorizing the 
sale of such packages, according to the provisions of this act. 



80 EDUCATIOlsr EEPOET, 1901-1902. 

(3) Every bag or other package or quantity of any commercial fertilizer, in 
any shape or form whatever, sold or offered for sale in this State, shall have 
att&ched to it in a conspicnons place a label as provided in section 2, 

(4) Any manufacturer or vender of any commercial fertilizer, or any person or 
company who shall sell, offer, or expose for sale any fertilizer, without having 
previously complied with the provisions of this act, shall be fined not less than 
$100 nor more than $500 for each violation or evasion of this act. 

(5) The director shall receive for the labels described in section 2 of this act 
50 cents for such number as may be required for 1 ton of fertilizer: Provided, 
That he may not furnish at any one time a less quantity than is sufficient for 10 
tons of fertilizer. 

(6) The director of said Kentucky Agricultural Experiment Station shall pay 
all such fees received by him into the treasury of the Kentucky Agricultural 
Experiment Station, the authorities of which shall expend the same in naeeting 
the legitimate expenses of the station, and for inspecting and making analyses of 
fertilizers, in experimental tests of same, and in other experimental work and. 
purchases as shall inure to the benefit of the farmers of this Commonwealth, 
The director shall, within two months of the biennial meeting of the general assem- 
bly, present to the commissioner of agriculture a report of the work done by 
him, together with an itemized statement of receipts and expenditures for the 
two years preceding under the operations of this act. 

(7) The director of said experiment station is hereby authorized, in person or 
by deputy, to take samples for analysis from any bag or other paclsiage or quan- 
tity of any commercial fertilizer in the possession of any dealer or transportation 
company in this State; to enforce the provisions of this act, and to make and 
enforce such rules and regvilations as he may deem necessary to carry fully into 
effect the true intent and meaning of this act. 

(10) The director of said experimental station shall annually analyze or cause 
to be analyzed at least one sample of every fertilizer sold or offered for sale under 
the provisions of this act; and he shall pviblish in one or more bulletins the analyses 
made during the year, together with the relative commercial v§,lue of each fer- 
tilizer computed from its anlaysis as he may determine, and the analysis guaran- 
teed by the manufacturer. 

(11) To facilitate the inspection of fertilizers, the director is authorized to 
require all manufacturers making shipments into or within this State to notify 
him of the kinds, amoimts, dates, destinations, and the consignee of all such 
shipments. 

Sec. 1905a. (4) The experiment station of the Agricultural and Mechanical Col- 
lege, hereby designated as the Kentucky Agricultural Experiment Station, shall 
make analysis of food products on sale in Kentucky suspected of being adulterated 
at such times and places and to such extent as the director thereof may deter- 
mine. And the director of the said Kentucky Agricultural Experiment Station 
may appoint siich agent or agents as he deems necessary, who shall have free access 
at all reasonable hours, for the purpose of examining into any place wherein it 
is suspected any article of food adulterated vdth any deleterious or foreign ingre- 
dient or ingredients exists, and such agent or agents, upon tendering the market 
price of said article, may take from any person, firm, or corporation samples of 
any article suspected of being adulterated as aforesaid, and said station may adopt 
or fix standards of purity, quality, or strength when such standards are not speci- 
fied or fixed by statute. 

( 5 ) Whenever said station shall find by its analysis that adulterated food products 
have been on sale in the State it shall forthwith transmit the facts so found to a 
grand juror or prosecuting attorney of the district in v/hich said adulterated food 
product was found. 

(6) Said station shall make an annual report to the governor upon adulterated 
food products, in addition to the report required by law, which shall not exceed 
150 pages, and said report may be included in the report which said station is 
already authorized by law to make, and such annual reports shall be submitted 
to the general assembly at its regular session. 

(8) The said Kentucky Agricultural Experiment Station shall receive for taking 
samples within the provisions of this act, and for analysis of the same, only actual 
traveling expenses and $5 for each sample taken and analyzed, to be paid by the 
Commonwealth of Kentucky upon warrant of auditor as other claims, but recov- 
ered of the owner of such article of food if declared upon inspection to be found 
adulterated or misbranded within the meaning of this act. The expenses of 
above inspections shall in no year exceed $2,500. 

(9) All fines recovered under this act shall be kept as a separate ftmd to pay 
necessary expenses in maintaining same. 



LAWS KELATING TO LAND-GRANT COLLEGES. 81 

Sec. 1925a. All nurseries in Kentucky where trees, vines, plants, or other nurs- 
ery stock are grown and offered for sale shall be inspected by the entomologist 
and botanist of the State Agricultural Station once each year at such time as he 
may elect, and he shall notify, in writing, the owners of such nurseries, the com- 
missioner of agriculture and statistics, the director of the State Agricultural 
Experiment Station, and the president of the State Horticultural Society of the 
presence of any San Jose scale or other destriTctively injurious insects or fungi on 
the trees, vines, plants, or other stock of such nurseries, and shall also notify, in 
writing, the owner of any affected stock that he is required, on or before a certain 
day, to take such measures for the destruction of such insect or fungus enemies 
of nursery stock as have been shown to be effectual for this purpose. Said ento- 
mologist and botanist shall, for the purpose of this act, be, and he is hereby, 
declared to be the State entomologist, and shall serve without pay other than that 
he may receive as an officer of the State Agricultural Experiment Station, but his 
expenses shall be paid as hereinafter provided. 

(7) The sum of $500 annually, or so much thereof as may be necessary, is 
hereby appropriated for the purpose of paying the expenses of the State ento- 
mologist in the performance of his duties under the provisions of this act, and 
the auditor of public accounts is hereby directed to honor requisitions made by 
said State entomologist for expenses incurred in the performance of his duties. 

Acts of the general assembly, 1900, chapter 24. Section 1. The sum of $60,000, 
or as much as may be necessary therefor, is hereby appropriated for the purchase 
of ground and the erection thereon of a suitable building as a dormitory for 
young women students of the Agricultural and Mechanical College of Kentucky, 
and the equipment and furnishing thereof, which dormitory shall be capable^ of 
lodging and boarding comfortably 125 persons; also for the purpose of erecting 
and equipping a suitable building for military instruction, physical culture, and 
rooms for Young Men's Christian Association; also for the erection and equip- 
ment of a suitable building for the use of the normal department and for the use 
of the academy; also for the erection and equipment of a dormitory for young 
men students of said college; also for the purpose of erecting and furnishing an 
annex for the use of the engineering departments of said college. 

Sec. 4. The board of trustees shall appoint three prudent, discreet, intelligent 
women, members in good standing of one of the religious organizations recog- 
nized by the laws of the United States, who shall constitute a board of super- 
vision or control to manage and superintend, under the direction of the board of 
trustees, the dormitory for young women. The term of service shall be for six 
years; but the first appointments shall be, one for two years, one for four years, 
and one for six years, respectively, and thereafter, upon the expiration of their 
terms of service, one shall* be appointed at the close of each biennial period to 
fill the vacancy: Provided, however, That the board of trustees shall have power 
at any time to remove any member of the board of control for reasons which 
they may deem sufficient and to fill the unexpired term by an ad interim appoint- 
ment. Said board of supervision shall meet at convenient intervals for the 
transaction of business. They shall keep a record of their proceedings and sub- 
mit the same to the board of trustees at their regular meetings. Their receipts 
and expenditures shall be embodied in semiannual reports to the board. They 
shall, when the dormitory is ready for the reception of students, submit to the 
board of trustees for their approval, or to the executive committee, if the board 
of trustees be not in session, a body of regulations in relation to their adminis- 
tration of the business of the dormitory and in relation to the conduct and disci- 
pline of its occupants. The members of the board of supervision or control shall 
receive no salary; but the necessary expenses incurred in the discharge of their 
duties shall be paid out of the funds set apart for the administration of the 
woman's dormitory. * * * 

Sec. 7. The duties of the board of supervision or control shall be concerned 
exclusively with the management of the woman's dormitory and shall in no wise 
relate to the college privileges, duties, and relations of the yoimg women, nor to 
the requirements of the faculty regarding their work or the discipline and control 
of the faculty over them as students. 

Sec. 8. The president of the college shall, as the representative of the board of 
trustees, have the same general authority in regard to the woman's dormitory 
which he is expected and required to exercise over the interests ail and singular of 
the college, and any occupant of said dormitory who may feel aggrieved by the 
act of the board of control or the subordinate appointees shall have the privilege 
of appeal to the president of the college, whose decision shall be final until the 
next mieeting of the executive committee. 

ED 1902 6 



82 EDUCATION REPORT, 1901-1902. 

Sec. 9. Women students attending said college as beneficiaries and appointees 
of counties or legislative districts shall have preference for accommodations in 
said vfoman's dormitory, and if the accommodations of said dormitory are not 
sufficient for all such appointees, then the proper authorities of said college shall 
decide, in some way fair and equitable, who shall be entitled to said accommoda- 
tions, all counties being given equal representation as nearly as possible. If any 
rooms in said donnitory remain after all such appointees are accommodated, other 
female students may be allowed the use thereof, each county being given equal 
representation as nearly as possible. All rooms shall be assigned by lot three days 
after the session opens. Like rules and preferences shall be observed in regard to 
dormitory accommodations provided for m.en students at said college. All rooms 
shall be assig-ned by lot three days after the session opens. 

Seo. 4527. The State normal school for colored persons, established by an act of 
the general assembly May 18, 1886, shall hereafter (i. e., after May 23, 1893) be 
under the control and supervision of a board of trustees, composed of the super- 
intendent of public instruction, who shall be ex officio chairman of the board, and 
three intelligent and discreet persons, residents of Franklin County, to be appointed 
by the governor, subject to the a^pproval of the senate, who are hereby constituted 
a body corporate, with power to sue, etc., and to hold in trust all funds and prop- 
erty now owned by said school or which may hereafter be provided for it, and 
shall be known and designated as ' ' The board of trustees of the Kentucky State 
Normal School for Colored Persons." 

Sec. 4528. There shall be maintained in said institution a department for the 
education of colored students in agriculture and the mechanic arts, and for said 
purpose said board shall be entitled to receive an equitable division of the moneys 
arising from the sale of public lands and appropriated to the State of Kentucky 
by an act of Congress approved August 30, 1890. 

Sec. 4534. The sum of $3,000 shall be annually appropriated out of the State 
treasury to pay the teachers and defray other necessary expenses in the mainte- 
nance of said norrdal school, which amount, together with the sum received under 
the provisions of said act of Congress, shall be set apart and be known and held 
as the colored normal school fund. This fund shall be paid out of the State 
treasury only on the warrant of the auditor, drawn on the order of the board. 

LOUISIANA. 

Constitution (1898) : Art. 255. The Louisiana State University and Agriciiltural 
and Mechanical College, founded tipon the land grants of the United States to 
endow a seminary of learning and a college for the benefit of agriculture and the 
mechanic arts, now established and located in the city of Baton Rouge, is hereby 
recognized, and all revenues derived and to be derived from the seminary fund, 
the agricultural and mechanical college fund, and other funds or lands donated 
or to be donated by the United States to the State of Louisiana for the use of a 
seminary of learning or of a college for the benefit of agriculture and the mechanic 
arts shall be appropriated exclusively to the maintenance and support of said 
Louisiana State University and Agricultural and Mechanical College, and the 
general assembly shall make such additional appropriations as may be necessary 
for its maintenance, support, and improvement, and for the establishment, in 
connection with said institution, of such additional scientific or literary depart- 
ments as the public necessities and the well-being of the people of Louisiana 
may require: Provided, That the appropriation shall not exceed $15,000 per annum 
for its maintenance and support. 

Akt. 258. The debt due by the State to the seminary fund is hereby declared to 
be $136,000, being the proceeds of the sales of lands heretofore granted by the 
United States to this State for the use of a seminary of learning, and said amount 
shall be kept to the credit of said fund on the books of the auditor and treasurer 
of the State as a perpetual loan, and the State shall pay an annual interest of 
4 per cent on said amount. 

Art. 259. The debt due by the State to the agricultural and mechanical college 
fund is hereby declared to be the sum of $182,313.03, being the proceeds of the 
sale of lands and land scrip heretofore granted by the United States to this State 
for the use of a college for the benefit of agriculture and mechanic arts, and 
said amount shall be kept to the credit of said fund on the books of the auditor 
and treasurer of the State as a perpetual loan, and the State shall pay an annual 
interest of 5 per cent on said amount. 

Art. 260. The interest due on the free-school fund, the seminary fund, and the 
agricultural and mechanical college fund shall be paid out of any tax that may 
be levied and collected for the payment of the interest on the State debt. 



LAWS EELATIISTG TO LAND-GRAISTT COLLEGES. 83 

Art. 307. The board of agriculttire and immigration .shall consist of one mem- 
ber from each Congressional district * * * [and] the governor of the State, 
the commissioner of agriculture and immigration, the president of the State 
University and Agricnlttiral and Mechanical College, the vice-president of the 
board of supervisors of the State University and Agricultural and Mechanical 
College, and the director of the State experimental stations shall be ex officio 
members of this board. The members of said board shall serve v?ithout compen- 
sation, except actual expenses incurred in attending the meetings. 

[The folio-wing matter is taken from the Revised Laws of Louisiana, Compiled and Annotated 
by Solom.on Wolflf, of the New Orleans Bar. New Orleans, 1897.] 

Sec. 593. An act of Congress of the United States, approved July 2, 1862, and 
the grant of land and land scrip thereby made, is hereby accepted on the part of 
the State of Louisiana. 

Sec. 594. The said grant of land and land scrip is hereby accepted for the pur- 
poses and upon the conditions in said act of Congress specified, and the assent of 
the State of Louisiana to the several conditions and provisions in said act con- 
tained is hereby signified and expressed. 

Sec. 595. The governor of the State, together with the chief justice of the 
supreme court and a commissioner to be duly appointed by them, are hereby 
appointed commissioners to receive from the Secretary of the Interior, or other 
officer of the United States, the land scrip to which the State of Louisiana is or 
may be entitled under the act of Congress aforesaid, and to sell and dispose of the 
same, and upon said sale being made by said commissioners, they are authorized 
to appoint one person to assign said land scrip in accordance vrlth the rules of the 
Department of the Interior. 

[The following matter is not incorporated as an integral part of the Revised Statutes proper, 
but as Acts of the Legislature.! 

Act 145, 1876, page 18, of Acts of 1878: Section 1 . The Louisiana State University, 
as now established and located at Alexandria, in the parish of Rapides, and the 
Louisiana State Agricultural and Mechanical College, as now established and 
located in the parish of St. Bernard, are hereby united and constituted into one 
and the same institution of learning, which shall hereafter be known and desig- 
nated under the name and title of the Louisiana State University and Agricultural 
and Mechanical College, and that said institution of learning, the Louisiana State 
University and Agricultural and Mechanical College, as hereby created, shall be 
established temporarily at Baton Rouge, in the parish of East Baton Rouge. 

Sec. 2. All legal rights and privileges as granted by the Congress of the United 
States and the legislature of Louisiana, and all the legal obligations and require- 
ments as imposed by Congressional and legislative enactments, and binding upon 
the two institutions of learning, respectively, which have been, in the preceding 
section of this act, united and constituted into one and the same institution of 
learning, shall be of full force and effect with and upon the Louisiana State Uni- 
versity and Agricultural and Mechanical College, as hereinbefore constituted and 
established, excepting such legal rights, privileges, obligations, and requirements 
as raay be specifically repealed by the provisions of this act. 

Sec. 3. The Louisiana State University and AgTicultural and Mechanical Col- 
lege, as hereinbefore created, shall have for its object to become an institution of 
learning, in the broadest and highest sense, where literature, science, and all the 
arts may be taught; where the principles of truth and honor may be established, 
and a noble sense of personal and patriotic and religious duty incrJcated; in fine, 
to fit the citizens to perform justly, skillfully, and magnanimously all the offices, 
both private and public, of peace and war. 

Sec. 4. The Louisiana State University and Agricultural and Mechanical Col- 
lege, as hereinbefore created, shall provide general instruction and education in 
all the departments of literature, science, and art, and industrial and professional 
pursuits; and it shall provide special instruction for the purpose of agriculture, 
the mechanic arts, mining, military science and art, civil engineering, law, medi- 
cine, commerce, and navigation. 

Sec. 5. The Louisiana State University and Agricultural and Mechanical Col- 
lege as hereinbefore created, constituted, and established shall be under the direc- 
tion and control of fifteen supervisors, who shall be a body corporate, under the 
style and title of the board of supervisors of the Louisiana State University and 
Agricultural and Mechanical College, with the right as such to use a common seal, 
and who shall be capable in law to receive all donations, subscriptions, and beqiiests 
in trust for said tmiversijby and agricultural and mechanical college and to recover 
all debts which may become the property of said university and agricultural and 
mechanical college, and to sue and be sued in courts of justice, and in general to 



84 EDUCATION EEPOET, 1901-1902. 

do all acts for the benefit of the Lonisiana State University and Agricultural and 
Mechanical College which are incident to bodies corporate. 

Sec. 6. The governor of the State shall be a member and ex officio president of 
the board of supervisors, and the State superintendent of public education and the 
president of the faculty of the university shall also be members ex officio of said 
board, and the twelve remaining members shall be appointed by the governor, by 
and with the advice and consent of the senate: Provided, That at least six of the 
fifteen supervisors of the university shall have been students of the Louisiana 
State University or of the Louisiana State University and Agricultural and 
Mechanical College, and shall have taken degrees and be titled graduates of one 
of said institutions. At least one member of said board of supervisors shall be 
appointed from the parish of East Baton Rouge. "Whenever a vacancy occurs in 
said board for any cause the same shall be filled for the unexpired term. The terms 
of office of the present members of the board of supervisors as now constituted under 
appointments heretofore made shall in no manner be abridged, terminated, or 
affected by the provisions of this act, but whenever a vacancy shall hereafter 
occur for any cause in the board of supervisors, the same shall be filled by the 
appointment of a titled graduate of one of said institutions until at least six titled 
graduates aforesaid shall be members of said board of supervisors, and said board 
shall be thereafter so constituted and maintained (as amended by act 75, 1896, 
p. 107). 

Sec. 7. Three of the twelve members of the board of supervisors to be appointed 
by the governor in accordance with the provisions of the foregoing section of this 
act shall be commissioned and hold their offices for one year, three for two years, 
three for three years, and three for four years. Their successors shall be appointed 
in like manner, and shall hold their offices for the full term of four years from the 
1st day of January next siicceeding their appointment, and until their successors 
are appointed and qualified. 

Sec. 8. The member of the board of supervisors appointed for the parish of 
East Eaton Rouge, in which, as hereinbefore provided, the Louisiana State Uni- 
versity and Agricultural and Mechanical College has been temporarily established 
and located, shall be ex officio the vice-president of the board, to preside over the 
meetings of the board in the absence of the governor. Five members of the board 
of supervisors, including the president or vice-president, shall constitute a quorum 
for the transaction of business: Provided, That all the acts of said five members, 
at said such meeting, shall be submitted for ratification or rejection at the next 
meeting of the board of supervisors, when a majority of all the fourteen members 
of the board may be present. 

Sec. 9. There shall be four regular stated meetings of the board of supervisors 
at the university in each and every year — one on the first Monday in April, another 
on the Monday before the close of the annual session of the university, which shall 
be July 4; another on Monday before the opening of the annual session of the 
university, which shall be October 5, and another on the first Monday in Decem- 
ber. Special meetings of the board of supervisors shall be called in such manner 
and held at such other times and places as the governor of the State or the board 
of supervisors may determine. 

Sec. 10. The board of supervisors shall, at their first meeting, elect a secretary, 
who shall record, attest, and preserve their proceedings, and a treasurer, who shall 
give bond for the faithful performance of his duties, and in such sum as shall be 
determined by the board: Provided, That the treasurer shall not be a member of 
the board of supervisors, nor a professor or other officer or other employee of the 
university: And provided further , That the treasurer shall never be interested, 
directly or indirectly, in any contract for furnishing supplies or articles of any 
kind to the university, or have any business transactions with or on account of 
the university that tend directly or indirectly to his own personal profits; nor 
shall any money ever be paid to the treasurer in his personal capacity, or on 
account of the university, except what may be his salary or compensation as 
treasurer. 

Sec. 11. The board of supervisors shall have power to engage a president and 
other professors and all other officers necessary for conducting the literary, scien- 
tific, military, and technical departments, and all the financial and civil concerns 
and interests of the university, and to remove and displace the same at pleasure; 
to fix and regiilate the salaries of the professors and all other officers, and to 
determine all other changes, excepting that there shall be no fee for tuition or for 
the use of the library, apparatus, laboratory, cabinets, museum, workshop, experi- 
mental farm, or other educational appliances charged to any student or cadet; to 
establish rules for the good government and discipline of the students or cadets; 
to prescribe the duties of all officers, employees, servants, and others; to confer 



LAWS RELATING TO LAND-GRANT COLLEGES. 85 

diplomas, npon the recommendation of the president and faculty, on students for 
proficiency in any branch of literatnre or science or department of learning, and 
in general to make all rules and regulations which may be deemed necessary for 
the proper government of the university, and for promoting the objects for which 
it has been founded. But nothing in this act shall be construed as obligating the 
State to pay any debt contracted by the board of siipervisors in case it should at 
any time exceed the appropriation made for the institution, nor shall any of the 
property of the university ever be seized and sold to pay any debt of the institu- 
tion by virtue of any decree of court. The title to all property owned and held 
by the Louisiana State University and Agricultural and Mechanical College is 
hereby declared to vest in the State of Louisiana. 

Sec. 13. There shall be maintained in the Louisiana State University and Agri- 
cultural and Mechanical College, as hereinbefore constituted and established : (1) 
Schools of literature, including the languages of the principal nations of ancient 
and modern times, philosophy, logic, rhetoric, and elocution, history, ethics, meta- 
physics, and such other and special branches of learning as the board of super- 
visors may determine; (3) schools of science, including mathematics, astronomy, 
engineering, architecture, drawing, physics, chemistry, botany, zoology, agri- 
culture, mechanics, mining, navigation, and commerce, and such other special 
branches of learning as the board of supervisors may determine; (3) schools of 
the useful and fine arts and of military science and art; (4) schools of medicine 
and law; (5) such other schools as the board of supervisors may establish. 

Sec. 13. The board of supervisors may affiliate with the Louisiana State Uni- 
versity and Agricultural and Mechanical College any incorporated university or 
college or school of medicine, law, or other special course of instruction, upon 
such terms as may be deemed expedient; and such university, college, or school 
may retain the control of its own property, have its own board of trustees, facul- 
ties, and president, respectively; and the students of such universities, colleges, 
or schools recommended by the respective faculties thereof may receive from the 
Louisiana State Universitj^ and Agricultural and Mechanical College the degrees 
of those universities, colleges, or schools, and the said students of said institutions 
of learning or special schools thus graduated shall rank as graduates of the 
Louisiana State University and Agricultural and Mechanical College. 

Sec. 14. It shall be the duty of the board of supervisors immediately after its 
organization to prescribe, in detail, the course of studies, both theoretical and 
practical, to be pursued at the university and agricultural and mechanical col- 
lege, and to draw up a project of the system of instruction so adopted. 

Sec. 15. The board of supervisors shall be charged with the purchase of all the 
necessary grounds and land for the purpose of the university and agricultural 
and mechanical college, and with the purchase or erection, or both, as may be 
necessary, of all requisite buildings, workshops, laboratories, and other fixtures 
and contrivances needed for the academic, military, industrial, or other depart- 
ments of the university and agricultural and mechanical college, and with the 
purchase of all necessary sui)plies or articles for the use of the university and 
agricultural and mechanical college: Provided, That no member of the board of 
supervisors shall have any personal interest in any contract or purchase or sales 
or in any business transaction of any kind whatever for or on account of said 
university and agricultural and mechanical college; and said board of super- 
visors shall be charged with the care and preservation of all the buildings, 
grounds, and appurtenances of the university after they shall have been provided. 

Sec. 16. The board of supervisors are hereby empowered to lease as early as_may 
be practicable and invest the proceeds thereof in the stocks of the State of Louisiana, 
or in the stocks of the United States, all the buildings and grounds and lands 
belonging to and held by the Louisiana State University, as it was established 
and located in the parish of Rapides prior to the passage of this act, and to sell or 
lease all the buildings and grounds and land belonging to and held Ijy the Louisi- 
ana Agricultural and Mechanical College, as it was established and located in the 
parish of St. Bernard prior to the passage of this act; and said stocks or bonds 
shall be deposited for safe-keeping with the treasurer of the State. 

Sec. 17. For the endowment, support, and maintenance of the Louisiana State 
University, as heretofore created, constituted, and established, there shall be and 
is hereby inviolably appropriated and placed at the disposal of the board of super- 
visors thereof, to be drawn from the State treasurer, upon the order of the presi- 
dent of the board, made upon the auditor of the State, countersigned by the 
secretary of the board, and payable to the order of the treasurer of the board of 
supervisors, all the interest and income derived and to be derived from the sales 
of all lands granted or that may hereafter be granted to the State of Louisiana by 
the United States for the use of a seminary of learning, and all the interest and 



86 EDUCATION EEPOET, 1901-1902. 

income of the fund derived or to be derived from the sales of all land and land 
scrip granted, or that may hereafter be granted to the State of Louisiana by- 
virtue of an act of Congress approved July 2, 1862; « and all the interest and income 
of the funds to be derived from the lease of the buildings, grounds, and lands in 
the parish of Rapides and owned by or held for the use of the Louisiana State 
University, as it existed prior to the passage of this act; and from the sale or 
lease of the buildings, grounds, and lands in the parish of St. Bernard owned by 
or held for the use of the Louisiana Agricultural and Mechanical College, as it 
existed prior to the passage of this act; and all such gifts, grants, contributions, 
and other donations to the endowment thereof as may be derived from any and 
all sources. 

Sec. 18. It is particularly enjoined upon the board of supervisors of this univer- 
sity and agricultural and mechanical college to make the training in those 
branches of study relating to agriculture and the mechanic arts as practical as 
possible, and to that end to provide the necessary workshops and laboratories, 
and to secure suitable land in the vicinity of the university and agricultural and 
mechanical college for an experimental farm. For the purchase of an experi- 
mental farm the board of supervisors is hereby authorized to expend a sum not 
exceeding the amount specified in the act of Congress hereinbefore mentioned, viz, 
10 per cent upon the amount received by the State as the proceeds of the sale of 
the lands and the land scrip donated by the Greneral Government of the United 
States. 

Sec. 19. Immediately after the passage of this act it shall be the duty of the 
governor of the State to appoint the members of the board of supervisors, who 
shall convene within ten days after the passage of this act at Baton Rouge, in 
the parish of East Baton Rouge, for the purpose of electing the ofldcers of the 
board and of organizing the university and agricultural and mechanical college, 
to the end that it may be in full and successful operation as early as possible. 

Sec. 20. At the regular stated meeting in December of each and every year the 
board of supervisors shall, through the governor of the State, make a reportin 
detail to the legislature, showing the true condition and wants of the university 
and agricultural and mechanical college, and recording any improvement and 
experiments made in agriculture and the mechanic arts, with their costs and 
results; the names of the professors and students; the amount of receipts and dis- 
bursements, together with the nature, costs, and results of all important scientific 
investigations and experiments in the useful arts, and such other matters, includ- 
ing State, industrial, and commercial statistics, and literary, historical, philolog- 
ical, philosophical discussions or essays as may be deemed important or useful, 
one copy of which shall be transmitted to all the other colleges which shall be 
endowed under the provisions of an act of Congress of July 2, 1862, as hereinbe- 
fore mentioned. 

Sec. 21. The president of the Louisiana State University and Agricultural and 
Mechanical College shaU be the president of the faculty of professors thereof and 
executive head of the institution in all its departments. As such officer he shall 
have authority, subject to the board of supervisors, to give general direction to 
the practical affairs and scientific investigations of the university and agricul- 
tural and mechanical college, and in the recess of the board of supervisors to 
remove any employee or subordinate officer not a member of the faculty, and 
supply for the time any vacancies thus created; and so long as the interests 
of the institution require it he shall be charged with the duties of one of the 
professorships; and it shall be the duty of the president of the university and 
agricultural and mechanical college to make to the State superintendent of pub- 
lic instruction, on or before the first Monday in December in each year ,_ and 
every year, a report in detail showing the progress and condition of the univer- 
sity, the names of the professors and students, the nature, costs, and results of 
all important investigations and experiments, and such other matters, including 
industrial, economical, philosophical, and educational statistics as he shall deem 

Sec' 22. The president of the university and agricultural and mechanical col- 
lege shall be specially charged with the discipline of the university and agriciil- 
tural and mechanical college, and be held responsible for the good order of the 
establishment, and especially for the conduct and behavior of the students or 
cadets. And it is hereby declared not to be the intent of this act to devolve in 



aThe funds granted to the State of Louisiana by an act of Congress approved Aiigust 30, 
1890, are dividetl between the Louisiana State University and Agricultural and Mechanical Col- 
lege and the Southern University (for colored students) on the basis of the school population or 
the two races. 



LAWS BELATING TO LAND-GBANT COLLEGES. 87 

any way upon the professor, as siicli, or npon the faculty of professors, the main- 
tenance of good order and discipline among the students or cadets, or to hold them 
responsible for the conduct or behavior of the cadets or students outside of their 
class or lecture rooms and diiring the time of recitation, or study, or lecture; and 
it is particularly enjoined upon the board of supervisors to delegate to the presi- 
dent of the university and agricultural and mechanical, college, and through him 
to such assistant disciplinarians as may be assigned him from among the profes- 
sors and assistant professors, sufficient authority to enable him to maintain proper 
discipline and good order, and to meet promptly and efficiently the great respon- 
sibility hereby imposed on him. No student or cadet shall ever be tried by the 
faculty or professors or by any committee of professors for any breach of disci- 
pline or other misconduct. But no provision of this section or this act shall be 
construed as militating against a proper subordination of professors or other 
officers to the president of the university and agricultural and mechanical college, 
and the necessity of obeying all the rules and orders which he may impose on 
them in virtue of the provisions of this act, and of the rightful authority dele- 
gated to him by the board of supervisors, as hereby enjoined upon the board; and 
the president of the university and agricultural and mechanical college shall have 
the power to assemble the faculty or any committee or number of the professors 
at any time he may see fit for consultation or advice or other action, on any subject- 
matter he may choose to lay before them, provided only, that in all matters of 
discipline and relating to the conduct and behavior of skidents and cadets the 
president alone, and not the faculty or any professor, shall decide and act. 

Sec. 23. The State of Louisiana in its corporate capacity may take by grant, 
gift, devise, or bequest any property for the use of the Louisiana State Univer- 
sity and Agricultural and Mechanical College, or any school thereof, or of any 
professorship, chair, or scholarship therein, or for the library, museum, observa- 
tory, workshops, experimental farm, apparatus, cabinet, or for any purpose 
appropriate to the university and agricultural and mechanical college; and such 
property shall be taken, received, held, managed, and invested, and the proceeds 
thereof used, bestowed, and applied by the said board of stipervisors for the pur- 
poses, provisions, and conditions prescribed by the respective grant, gift, devise, 
or bequest, and in accordance with the provisions of sections 5, 11, and 17 of 
this act. 

Sec. 25. The board of supervisors may invest any of the permanent funds of the 
Louisiana State University and Agricultiiral and Mechanical College which are 
now, or may hereafter be, in its custody, in productive, unincumbered real estate 
in this State, subject to the power of the legislature; to control or change such 
investments, excepting such as by the provisions of previous sections of this act, 
or by the terms of their acquisition must be otherwise invested. 

Sec. 26. If, by the terms of any grant, gift, devise, or bequest, such as are 
hereinbefore described in sections 23 and 24 of this act, conditions are imposed 
which are impracticable under the provisions of the revised statutes of this State, 
such grants, gifts, devise, or bequest shall not thereby fail, but such conditions 
shall be rejected and the intent of the donor carried out as near as m.ay be. 

Acts 1886, No. 100: Section 1. Each parish as now created or that may here- 
after be created in the State shall have the right to delegate to the Louisiana 
State University and Agricultural and Mechanical College one beneficiary cadet, 
and the city of New Orleans shall have the right to delegate to said institution 
17 beneficiary cadets, or one from each ward of said city; said beneficiaries to 
remain^ at said institution four years, unless sooner graduated or otherwise dis- 
charged: Provided, That no beneficiary cadet shall be permitted to resign from 
said institution without the consent of the board of supervisors thereof , which 
consent shall be given only in a case of urgent necessity, such as serious and long 
protracted ill health, duly declared by the certificate of the surgeon of said institu- 
tion, or other competent physician, to be of such nature as to render it impossible 
for said cadet to pursue his studies with advantage. 

Sec. 2. The police jury of each parish and the city council of New Orleans, 
respectively, may, at a regular meeting, elect the number of beneficiary cadets to 
which said parish or city is entitled as aforesaid, of such age and qualifications as 
may be prescribed by the board of supervisors for admission to one of the college 
classes of said university and agricultural and mechanical college, and shall cause 
the beneficiary so selected to report in person to said institution on or before said 
5th day of October: Provided, That said beneficiary cadets shall be selected from 
the number of those residents of said parish or of said city who have not them- 
selves, nor have their parents, the means of defraying the whole of their necessary 
expenses of maintenance and support at said institution, which facts shall be duly 



88 EDUCATION EEPOET, 1901-1902. 

certified, to the president of said institution by the president of said police jury or 
said city council of New Orleans as true, to the best of his knowledge and belief. 

Sec. 3. For the maintenance and board of said beneficiaries in said institution 
the sum of $10,710 is appropriated annually, for two years, out of any funds in 
the treasury not otherwise appropriated. * * * 

Sec. 4. For the maintenance and board of said beneficiaries in said institution 
the police juries of the several parishes and the city council of the city of New 
Orleans are authorized and empowered to appropriate out of their respective 
treasuries a suflBcient sum to defray the necessary expenses of said cadets as 
appointed under the provisions of this act: Provided, That the expense of no cadet 
shall exceed $250 per annum: Provided further, That under no circumstances 
shall any part of this sum be paid by the State. 

Sec. 5. In order to take advantage of the right granted to each parish and to 
the city of New Orleans in section 1 of this act, each parish and said city shall 
make an appropriation of $150 per annum out of any money in its treasury for the 
maintenance and board in said institution of each beneficiary cadet delegated by 
said parish or said city, said sum to be paid to the treasurer of such institution 
before the admission of said cadet; and the power to make such appropriation is 
hereby granted to the police juries of the several parishes and to the city council 
of New Orleans. 

Acts of 1888, No. 100: Gives legislative assent to grants of money by Congress to establish 
''agricultural experiment stations" and ratifies the resolutions adopted on April 5, 1887, by the 
board of siipervisors of the Louisiana State University and Agricultural and Mechanical College, 
in connection therewith. 

Acts 1893, No. 17: Provides "that full and complete acceptance, ratification, and assent are 
hereby made " by the State to an act of Congress (July 2, 1862") applying a portion of the pro- 
ceeds of public lands to the endowment of colleges for the benefit of agriculture and the mechanic 
arts. 

Sec. 1331. The "State Seminary of Learning," & established near the town of 
Alexandria, in the parish of Rapides, shall be hereafter designated as " The Lou- 
isiana State Seminary of Learning and Military Academy," and shall be under the 
direction and control of fourteen supervisors, who shall be a body corporate under 
the style and title of the ' ' Board of Supervisors of the Louisiana State Seminary 
of Learning and Military Academy," with the right as such to use a common seal, 
and who shall be capable in law to receive all donations, subscriptions, and bequests 
in trust for said seminary and academy, and to receive all debts which may become 
the property of said seminary and academy, and to sue and be sued in courts of 
justice, and in general to do ail acts for the benefit of the seminary and academy 
which are incident to bodies corporate. 

Sec. 1332. The governor of the State shall be ex officio president of the board of 
supervisors, and the chief justice of the supreme court, the superintendent of pub- 
lic education, and [the] State engineer shall be ex officio membei's of said board. 
The remaining ten members thereof shall be appointed by the governor, by and 
with the advice and consent of the senate, for four years, and they shall continue 
to exercise the duties of their office until their successors are qualified, and they 
shall be removed by the same power and in the same manner as provided for in 
their appointment. The governor shall select said remaining members as fol- 
lows. "- * * 

Sec. 1334. The board of supervisors shall have power to engage a superintendent 
and other professors and all other officers necessary for conducting the literary, 
financial, and civil concerns and interests of the said seminary and academy, and 
to remove the same at pleasure; to fix and regulate the salaries of the professors 
and all other officers, tuition fees, and all other charges; to establish rules for 
the good government and discipline of the students; to prescribe the duties of 
all officers, servants, and others; to confer diplomas, upon the recommendation 
of the superintendent and faculty, on students for proficiency in any branch of 
science or department of learning, and in general to make all rules and regula- 
tions which may be deemed necessary for the proper government of the said 
seminary and academy and for promoting the objects for v/hich it was founded, 
but nothing in this act shall be construed as obligating the State to pay any 
debts contracted by the board of supervisors in case they should at any time 
exceed the appropriation made for the support of said seminary and academy. 

Sec. 1335. In the course of study pursued at the said seminary and academy the 
board of supervisors shall cause instruction to be given in the military branches 
of science, the students shall be styled " cadets," and shall compose a military corps 

a August 30, 1890. 

^ Subsequently known, by an act of 1870. as the Louisiana State University. Gen. W. T. Sher- 
man was its first superintendent. 



LAWS RELATING TO LAND-GEANT COLLEGES. 89 

under the command of the superintendent and such other professors as may be 
assigned to that branch of instriiction. They shall constitute a guard to all pub- 
lic property, arms, or munitions now there or which may be hereafter assembled 
there, and the superintendent shall receipt for all such property, arms, or muni- 
tions, and obey all orders relative to their preservation or delivery he may receive 
from the governor of the State. 

Sec. 1336. The governor of the State shall cause to be issued to the superintend- 
ent a commission as colonel, and to such other professors as may be assigned to 
command commissions as majors, captains, or lieutenants, according to the 
strength of the command; that such commissions shall not entitle the holders to 
any rank in the militia of the State or to any claims whatever to compensation 
other than what is attached to their positions as professors. 

Sec. 1340. The board of supervisors shall at their first meeting elect a secretary, 
who shall record, attest, and preserve their proceedings, and a treasurer, who shall 
give bond for the faithful performance of his duties, and in such sum as shall be 
determined by the board. 

Sec. 1341. It shall be the duty of the board of supervisors, iinmediately after 
their organization, to prescribe the course of studies to be pursued at the semi- 
nary, the number of professors, and to draw up a project of the system so 
adopted. 

Sec. 1342. Tlie board of supervisors shall at all times conform to such laws as 
the legislature may from time to time enact for their goverament, and the said ' 
seminary shall in all things and at all times De subject to the control of the leg- 
islature; and the said board of supervisors shall make an annual report to the 
legislature during the first week of the session, embracing a full account of the 
disbursements and a general statement of the condition of said seminary. 

Sec. 1843. No gambling house or drinking saloon or store for the barter or sale 
of any kind of merchandise whatsoever shall be established within 2 miles of said 
institution. 

Sec. 1344. It shall be the duty of the board of supervisors of the Louisiana State 
Seminary of Learning and Military Academy to require the professor of engineer- 
ing and the professors of chemistry, mineralogy, and geolog^y to spend not less 
than four months of every year in making jointly a topographical and geological 
survey of the State of Louisiana till the whole work is^completed to the satisfac- 
tion of the legislature. 

Sec. 1345. It shall be the duty of said professor of engineering and chemistry 
to make, on the 31st day of December of each year, detailed reports, with the nec- 
essary maps and diagrams of their survey, to the superintendent of said institu- 
tion, and it shall be the duty of said superintendent to forward said reports with 
his own annual report to the board of supervisors for transmittal to the legisla- 
ture in the annual report of said board. 

Sec. 1346. It shall be the duty of the superintendent of said institution to con- 
sider the topographical and geological survey of the State as herein provided for 
as a part of the regular duties of said institution and to superintend the same 
accordingly. 

Sec. 1347. Said professors of engineering and chemistry * * * be allowed each 
the sum of $500 for necessary traveling expenses while in the performance of said 
duties, to be paid to the treasurer of said institution on the warrant of the presi- 
dent or vice-president of said board of supervisors. 

Acts 1880, No. 87. Section 1. There shall be established in the city of New 
Orleans a university for the education of persons of color, to be named and entitled 
the " Southern University." « 

Sec. 2. The said university shall be governed and directed by a board of trustees, 
to be composed of twelve members, v/ho shall be appointed by the governor by and 
with the advice and consent of the senate: Provided, That at least four of said 
board of twelve shall be appointed from the colored race; vacancies shall be filled 
in a similar manner. The members of the board shall be appointed to serve dur- 
ing four years, but any member failing to attend two successive regular meetings 
of the board shall, except in case of sickness or other good cause, be considered no 
longer a member of said board, and the governor, on receiving official notice of 
such absence from the president of the board, whose duty it shall be to report the 
same, shall immediately fill the vacancy in the manner prescribed. 

Sec. 3. Six members of said board, at a stated or regularly called session, shall 
constitute a quorum. 

«The constitution (art. 256) i-ecognizes the Louisiana State Normal School * * * and the 
Southern University, now established in the city of New Orleans for the education of persons 
of color; and in the case of the Southern University no annual appropriation for maintenance 
and support shall exceed §10,COO. 



90 EDUOATIOlsr EEPOET, 1901-1902. 

Sec. 4. Said board of trustees shall be empowered to elect from among their own 
members a president and vice-president of the board, a secretary, and treasurer; 
the treasurer shall give bond in the sum of $10,000 for the faithful performance 
of his duties, and shall pay out money only upon warrants issued by the president 
of the board, countersigned by the president of the faculty: Provided, That the 
treasurer shall not be a professor or other officer or employee of the university, 
and shall not be interested, directly or indirectly, in any contract for furnishing 
supplies or articles of any kind to the university: Provided further, That at the 
discretion of the board the two offices of secretary and treasuz-er may be combined 
in one person. 

Sec. 5. Said board of trustees shall be empowered to enact general rules and 
by-laws for the said university in all its departments, and to elect a president of 
the faculty, professors, and teachers, and determine their compensation; also, all 
officers and employees that may be necessary, and prescribe their duties aaid 
compensation. 

Sec. 6. Said university shall be organized as a corporation under the general 
laws of the State of Louisiana, and the trustees thereof shall be capable in law to 
receive all donations, trusts, and bequests made to the "Southern University," 
and manage the same, to sue and be sued in courts of justice, and to do all other 
acts in the premises incident to such trustees. 

Sec. 7. There shall be established by said board of trustees a faculty of arts and 
letters, which shall be competent to instruct in every branch of a liberal educa- 
tion, and under rules of and in concurrence with the board of trustees, to 
graduate students and grant all degrees appertaining to letters and arts known to 
universities and colleges in Europe and America on persons competent and deserv- 
ing the same. There may also be established by said board of trustees a depart- 
m.ent of law and medicine. The department of law shall consist of three or more 
learned professors, learned and skilled in the practice of law in this State, who 
shall be required to give a full course of lectures on international, constitutional, 
commercial, and municipal or civil law, and instruction in the practice thereof. 
The medical department of the university shall consist of not less than three 
professors. They shall be appointed by the board of trustees from regular prac- 
ticing physicians of the State. The degree of bachelor of lav/- and doctor of med- 
icine, granted by them, shall authorize the person on whom it is conferred to 
practice law and physic S-nd surgery in this State (as amended by act 90, 1888). 



CHAPTER II. 

GENERAL LAWS RELATING TO AGRICULTURAL AND 
MECHANICAL LAND GRANT COLLEGES. 

[This compilation forms a contintiation of that which appeared in the Commissioner's Report": 
of 1902 (Chap. I, pp. 1-90), and which included the acts of Congress relating to the land grant: 
colleges and the laws of Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Dela^ 
ware, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, and Louisiana.] 



MAINE. 



Constittition (1830): Art. VIII. A general diffusion of the advantages of educa- 
tion being essential to the preservation of the rights and liberties of the people,, 
to promote this important object, the legislature is authorized, and it shall be 
their duty to require the several towns to make suitable provision, at their own 
expense, for the support and maintenance of public schools; and it shall further - 
be their duty to encourage and suitably endow, from time to time as the circum- 
stances of the people may authorize, all academies, colleges, and seminaries of 
learning within the State: Provided, That no donation, grant, or endowment shall'' 
at any time be made by the legislature to any literary institution now established,,. 
or which may hereafter be established, unless at the time of making such endow- 
ment the legislature of the State shall have the right to grant any further powers - 
to alter, limit, or restrain any of the powers vested in any such literary institution « 
as shall be judged necessary to promote the best interests thereof. 

[The matter which follows is taken from the Revised Statiites of the State of Maine, passed'' 
August 29, 1883, and a Supplement to the Revised Statutes of the State of Maine, for the years- 
1885-1S95, inclusive, by Elias Dudley Freeman, esq. Portland, 1895.] 

Chapter 11: Sec. 123. Presidents of colleges are removable at the pleasure of' 
the trustees and overseers, whose concurrence is necessary for their election. 

Sec. 124. No officer of a college shall receive as perquisites any fees for a diploma- 
or medical degree conferred by such college, but siich fees shall be paid into the ■ 
college treasury. 

Sec. 125. If an innholder, confectioner, or keeper of a shop, boarding house, or 
livery stable gives credit for food, drink, or horse or carriage hire to any pupil of 
a college or literary institution in violation of its rfJes or without the consent of " 
its president or other officer authorized thereto by its government, he forfeits a 
sum equal to the amount so credited, whether it has been paid or not, to be recov- 
ered in an action of debt by the treasurer of such institution: half to its use and' 
half to the town where it is located; and no person shall be licensed by the munic- 
ipal officers for any of said employments if it appears that within the preceding; 
year he had given credit contrary to the provisions hereof. 

Chapter 58: Section 1. The Maine board of agriculture for the improvement of 
agriculture and the advancement of the general interests of husbandry consists of 
the president and the professor of agriculture of the State College of Agriculture- 
and the Mechanic Arts, together with one person from each county elected by 
ballot by any county agricultural or horticultural society at its annual or other ■ 
meeting called for the purpose, and they hold their offices for three years from the-- 
third Wednesday of January thereafter. 

Sec. 4. The board, by its secretary and one of its members, shall hold annually 
two farmers' institutes in each county and as many more as it deems expedient or 
finds practicable with the means at its disposal for the public discussion of topics- 
relating to husbandry and the best methods of building and maintaining public - 
ways, either independently or in connection with any organization devoted to the- 
same genei'al object, and it may issue bulletins, employ experts, lecturers, a- 

39 



40 EDUCATIOISr EEPOIIT, 1903. 

reporter, or other aids to enhance the usefnlness of said institutes to the public, 
and shall so far as practicable aid and encourage agricultural societies and asso- 
ciations in their efforts. 

Sec. 5. It shall also be the duty of the board with such experts, lecturers, and 
assistants as it may employ, by means of maps, charts, cuts, drawings, printed or 
written articles, lectures, or otherwise, to disseminate knowledge throughout the 
State concerning the best known methods for the building and maintaining of high- 
ways, including bridges and sidewalks in the cities and towns of the State, and 
particularly to impart such information, in manner as aforesaid, to the county 
commissioners of coimties, the street commissioners of cities, the selectmen of 
towns, and other municipal officers whose duty it may be to have the care and 
management of the expenditures of money and the building and keeping in repair 
of the highways of the State. The members shall receive no compensation for 
time and services, but shall be reimbursed for expenses incurred in the discharge 
of their duties $2 a day f ob subsistence and 6 cents a mile for travel. The whole 
expenses imder this section shall not exceed $3,500 annually. (As amended by 
chapter 266 in the acts of 1897.) 

Chapter 6. [Property exempted from taxation]: All property which by the 
articles of separation is exempt from taxation, the personal property of all benevo^ 
lent and charitable institutions incorporated by the State, the real estate of all 
literary and scientific institutions occupied by them for their own purposes or by 
any officer thereof as a residence, * * * and any college in this State author- 
ized imder its charter to confer the degree of bachelor of arts or bachelor of science 
and having real estate liable to taxation shall, on the payment of such tax and 
proof of the same to the satisfaction of the governor and council, be reimbursed 
from the State treasury to the amount of the tax so paid: Provided, hotoever, The 
aggregate amount so reimbursed to any college in any one year shall not exceed 
$1,500: And 2^rovided further. That this claim for such reimbursement shall not 
apply to real estate hereafter bought by any such college. 

Acts and Resolves, 1863, chapter 275, Resolves: Full assent is hereby given to 
the provisions and conditions of the act passed at the second session of the Thirty- 
seventh Congress and approved July 2, 1862, and the same is hereby accepted, and 
the governor is hereby authorized and directed to notify the President of the 
United States of said acceptance by the State of Maine and to receive from the 
Secretary of the Interior the scrip for Maine's proportion of 210,000 acres of land 
donated by said act and to hold the same subject to the order of the legislature. 
(Approved March 25, 1863.) 

Ibid., 1864, chapter 342, Resolves: Whereas, information has been received from 
Governor Corey of the reception of the land scrip issued for the benefit of the agri- 
cultural college nnder the law of Congress approved Jtily 2 , 1862 ; and whereas a sug- 
gestion of concert of action between the States with regard to the sale of the same 
has been made by Governor Andrew of Massachusetts, v/hich commends itself as 
a wise and prudent measure, therefore resolved that the governor of this State is 
hereby aiithorized and empowered to act in concert with the governors of the other 
States in selling the land scrip issued to this State for the benefit of an agricultural 
college. He may unite with them in the employment of such, selling agents in the 
cities of New York, Philadelphia, or Boston as he may deem expedient and fix 
the price per acre at v/hich said scrip shall be sold at such sum as may be mutually 
agreed upon, and such agents so employed shall receive a compensation not exceed- 
ing one-half of 1 per cent on sales. All moneys received for the sale of said scrip 
shall be paid to the State treasurer and be by him invested in the 6 per cent stocks 
of this State and such stock, with the interest accruing thereon, shall be inviolably 
held for the sole benefit of said agricultural college. (Approved March 24, 1864.) 

Ibid. , chapter 362, Resolves: Resolved, That the governor and council be author- 
ized to appoint three commissioners whose duty it shall be to memorialize Congress 
for an extension of the term during which the college for the benefit of agriculture 
and the mechanic arts may be provided. Said commissioners are also hereby author- 
ized and directed to invite and receive donations and benefactions in aid of said col- 
lege, and also proposals for the location thereof, to visit and examine all such pro- 
posed locations when so directed by the governor and council, to consider the 
respective advantages of all such locations, to entertain all propositions which 
may be made for this purpose, to confer with other States engaged in the same 
enterprise, and to learn what they can of the history, present working, and pros- 
pect of "usefulness of similar institutions, and to gather all such other information 
regarding the establishment of such an institution as they may be able to do, and 
report thereon to the next legislature. (Approved March 25, 1864.) 

Acts and Resolves, 1865, Private and Special Acts: Section 1. Samuel F. Perley, 
etc. (fifteen other persons), are hereby constituted a body politic and corporate, by 



LAWS EELATING TO LAND-GEANT COLLEGES. 41 

the name of the trustees of the State College of Agriculture and Mechanic Arts, 
having succession as hereinafter provided, with power to establish and maintain, 
subject to the provisions and limitations of this act, such a college as is authorized 
and provided for, by the act of the Congress of the United States, passed on the 
2d day of July, in the year 1862. They shall be entitled to receive from the State 
the income which shall accrue from the funds granted to the State by the act 
aforesaid, and shall apply the same, together witla all such income as they shall 
receive from any other sources to the maintenance of the college in conformity 
with the act of Congress. 
■ Sec. 2. The trustees shall annually elect one of their number to be president of 
the board. They shall appoint a clerk and treasurer, both of whom shall be 
sworn , and shall hold their offices at the pleasure of the trustees. The clerk shall 
record all proceedings of the board, and copies of their records certified by him 
shall be evidence in all cases in which the originals might be used. The treasurer 
shall be reqtilred to give suitable bond, and to renew the same whenever the 
trustees shall require. 

Sec. 3. The governor and council shall at all times have the power, by them- 
selves, or such committee as they shall appoint, to examine into the affairs of the 
college, and the doings of the trustees, and to inspect all their records and 
accounts, and the buildings and premises occupied by the college. Whenever the 
governor and council shall h^ve reason to believe that the trustees are exercising 
or attempting to exercise any unlawful powers, or unlawfully omitting to per- 
form any legal duty, they may direct the attorney-general to institute process 
against the trustees in their corporate capacity, in the nature of a complaint in 
equity before the supreme judicial court in the county in which the college may 
be established, and the court after notice, shall hear and determine the same, by 
summary proceeding in term time, or by any judge in vacation, and may make 
any suitable decree restraining the trustees from performing or continuing the 
unlawful acts complained of, or requiring them to perform whatever is unlaw- 
fiilly omitted, and may enforce such decrees. In like manner a complaint may 
be instituted against any individual trustee, and be heard in the county where he 
resides, alleging against him any cause deemed by the governor and council suffi- 
cient to disqualify him for the trust; and if in the judgment of the court such 
allegation shall be sustained, a decree shall be made removing such trustee from 
office, and his place shall be thereby vacated. 

Sec. 4. No person shall be a trustee who i^ not an inhabitant of this State, nor 
any one who has reached the age of 70 years. The clerk of the trustees shall give 
notice of all vacancies to the governor and council; vacancies occurring in any of 
the foregoing modes, or by the resignation or decease of any trustee, shall be filled 
in the following manner: The first vacancy that shall occur shall be filled by the 
legislature at the next session thereafter by joint ballot of the two branches; the 
second vacancy shall be filled by the trustees at their next meeting; and all suc- 
ceeding vacancies shall be filled in like manner, alternately by the legislature and 
the trustees. 

Sec. 5. The trustees in their corporate capacity may take and hold in addition 
to the income which they shall receive through the State from the endowment 
made by Congress, such other real and personal property as may be granted or 
devised to them for the purpose of promoting the objects of this act. But they 
shall not be entitled to receive any benefactions made to them upon conditions 
inconsistent with the act of Congress aforesaid or for purposes different from 
what is therein prescribed. 

Sec. 6. The governor and council shall take measures, as soon as may be advan- 
tageously done after the passage of this act, to sell the land scrip received by this 
State under the act of Congress, and to invest the same as required by the fourth 
section of said act. The^^ecurities shall be kept by the State treasurer, and he 
shall report anniially to the legislature the amount and condition of the invest- 
ments, and of the income of the same. He shall from time to time, as the income 
shall accrue, pay over the same to the treasurer of the college. 

Sec. 7. It shall be the duty of the trustees, as soon as may be after their organ- 
ization, to procure a tract of land suitable as a site for the establishment of the 
college. If no other provision shall be made therefor, there shall be placed at the 
disposal of the trustees for this purpose, such proportion as the governor and 
council may deem suitable of that part of the fund which is authorized by the 
fifth section of the act of Congress to be expended for the purchase of lands for 
sites or experimental farms. 

Sec. 8. The trustees shall appoint such directors, professors, lecturers, and 
teachers in the college, and employ such other persons therein from time to time 
as the means at their command may permit for the accomplishment of the objects 



42 EDUCATION REPORT, 1903. 

enumerated and described in the fourth section of the act of Congress. Every 
officer and every person employed shall hold his office or employment at the 
pleasure of the trustees. They shall, as soon as may be, arrange and make known 
the several courses of instruction which they will undertake at the outset of the 
college, and shall enlarge and improve the same whenever practicable, subject to 
the limitations prescribed by Congress. They shall also establish the qualifications 
for admission and modify the same as circumstances may require. But no stu- 
dent shall be admitted into or continued in the college, nor shall any person be 
employed in any office or service, who is not of good moral character and pure life. 

Sec. 9. In addition to the instruction which is to be given by classes, text- 
books, lectures, and ai)paratus, in such branches of learning as are related to 
agriculture and the mechanic arts, the trustees shall provide, as fully as may be, 
for practical experiments and demonstrations of scientific principles and riiles. 
They shall encourage, and for due proportions of time, at different seasons of the 
year, and with reference to other exercises, require all the students to engage in 
actual labor upon the lands and in the workshops with which the college may be 
furnished, and shall provide suitable oversight and direction in such labor, so that 
they may become habituated to skillful and productive industry. 

Sec. 10. Military tactics shall be taught during some suitable part of each year 
to all the students, and they shall be required to form and maintain such habits of 
obedience and subordination as may be useful to them if called into military serv- 
ice. The adjutant-general shall be authorized to fui-fiish to the college for mili- 
tary drill such arms and equipments, not needed by the State for other service, 
as may suffice for the number of students. He shall also furnish to the college a 
United States flag. 

Sec. 11. Such other studies are to be taught within the limitations of the act of 
Congress as the facilities of the college and the periods of instruction will permit. 

Sec. 12. Students who satisfactorily complete any one or more of the prescribed 
courses of study may receive public testimonials thereof, binder the direction of 
the trustees, stating their proficiency. 

Sec. 13. No charge shall be made for tuition to any student who is an inhab- 
itant of this State, and the trustees and all persons employed by them shall con- 
stantly endeavor, by the adoption of judicious and effective arrangements in all 
the labor departments of the college, to reduce the cost of subsistence to the stu- 
dents and to render the institution as far as possible self-sustaining. 

Sec. 14. It shall be the duty of the trustees, directors, and teachers of the col- 
lege to impress on the minds of the students the principles of morality and justice 
and a sacred regard to truth; love to their country, humanity, and universal 
benevolence; sobriety, industry, and frugality; chastity, moderation, and tem- 
perance, and all other virtues which are the ornaments of human society; and 
among other means to promote these ends and to secure the best personal improve- 
ment of the students the trustees shall provide, as fully as may be practicable, 
that the internal organization of the college shall be on the plan of one or more 
well-regulated households and families, so that the students may be brought into 
relations of domestic intimacy and confidence with their teachers. 

Sec. 15. If at any time the number of students applying for admission shall be 
greater than the means of the trustees will enable them to receive, they shall make 
regulations for the number to be admitted, having reference to the proportions of 
population in the several senatorial districts of the State, and equalize the admis- 
sions according to such proportions as nearly as may be. 

Sec. 16. The trustees shall hold a regular session at the college at least once in 
each year; and may provide for periodical visitations by committees. No trustee 
shall receive any compensation except actual traveling exi^enses, to be paid from 
the treasury of the college. , 

Sec. 17. The treasurer of the college shall make, as often as once in six months, 
a detailed report of all receipts and expenditures, and the trustees shall cause the 
same to be verified by full inspection and settlement of all his accounts, and shall 
transmit a copy of the same, as verified by them, to the governor and council. 
The trustees shall also cause to be made, annually, such report as is required by 
the fifth section of the act of Congress, and communicate the same as therein 
provided. 

Sec. 18. The legislature shall have the right to grant any further powers, to 
alter, limit, or restrain any of the powers vested in the trustees of the college 
established by this act, as shall be judged necessary to promote the best interests 
thereof. (Approved February 25, 1865.; 

Acts and Resolves, 1866, Private and Special Laws, chapter 59: The inhabitants 
of Orono are hereby authorized to raise money by taxation or loan, not exceeding 
$11,000, for the purchase of the White farm and the Goddard or Frost farm, 



LAWS RELATING TO LAND-GEANT COLLEGES. 43 

so-called, in said Oroiio, and convey the same, or cause them to be conveyed, to 
the trustees of the Maine State College of Agriculture and Mechanic Arts: Pro- 
vided, that the inhabitants of said Orono, at a legal meeting within thirty days 
from the approval of this act, by a vote of tv70-thirds of their legal voters present 
and voting, shall agree thereto. (Approved February 9, 1866.) 

Ibid., chapter 66: The inhabitants of Oldtown are hereby authorized to raise 
money by taxation or loan, to aid in the purchase of land in Orono, for the use of 
the State College of Agriculture and Mechanic Arts, and to convey the same, or 
cause it to be conveyed, to the trustees of said college: Provided, that the inhabi- 
tants of said Oldtown, at a legal meeting within thirty days from the approval of 
this act, by a vote of two-thirds of their legal voters present and voting, shall 
agree thereto. (Approved February 10, 1866.) 

Acts and Resolves, 1867, Private and Special Laws, chapter 362: Section 1. No 
vacancy occurring in the board of trustees of the State College of Agriculture and 
the Mechanic Arts shall hereafter be filled until the number of said trustees shall be 
less than seven; and thereafterwards the number of said trustees shall be seven 
and no more. 

Sec. 3. The appointment of the new board of trustees shall be made by the gover- 
nor, with the advice and consent of the council. As soon as may be, after the new 
board of trustees shall have been appointed, they shall delegate by lot one of their 
number to hold office one year, one two years, one three years, one four years, 
one five years, one six years, and one seven years, so that the office of one trustee 
shall become vacant every year. And thereafter the term of office of every trustee 
shall be seven years; but any vacancy occurring by reason of death, resignation, 
or otherwise, before the expiration of the term of office, shall be filled for the 
remainder of the term. 

Sec. 3. All vacancies occurring in the board of trustees shall be filled by the 
governor and council, on the nomination of the trustees. In case the nomination 
by the trustees shall not be confirmed by the governor and council, said trustees 
shall make another nomination, and so on till the nomination shall be confirmed. 
(Approved February 25, 1867.) 

Acts and Resolves, 1868, Resolves, chapter 274: That the sum of $10,000 is hereby 
appropriated, out of any money in the treasury of the State not otherwise appro- 
priated, for the erection and completion of the necessary college buildings and the 
purchase of appa,ratus and furniture and other necessary expenditures for the use 
of the State College of Agriculture and the Mechanic Arts; to be expended under 
the direction of the trustees of said college. (Approved March 7, 1868.) 

Ibid., 1869, Resolves, chapter 89: That the sum of $28,000 is hereby appropriated 
in aid of the State College of Agriculture and the Mechanic Arts, provided that the 
inhabitants of the town of Orono shall make to said College of Agriculture and the 
Mechanic Arts an absolute conveyance of the same premises heretofore conveyed, 
subject only to the condition that in case the location of said college shall be 
changed from Orono, or be abandoned, or cease to be used for the purposes con- 
templated by the act establishing said college, then, in such an event, the State shall 
refund to the inhabitants of Orono the sum originally paid for such lands, viz, 
$11,000. (Approved March 12, 1869.) 

Ibid., 1870, Resolves, chapter 179: That the sum of $22,000 is hereby appropria- 
ated in aid of the College of Agriculture and Mechanic Arts, and the sum of $28,000 
appropriated by resolve of March 12, 1869, not drawn or made use of by the col- 
lege, is hereby reappropriated, and that chapter 89 of the resolves of 1869 is hereby 
repealed, provided that before either of said sunas is jjaid out of the treasury there 
shall be vested in the State a perfect title to the premises heretofore conveyed by 
the town of Orono for the purposes of said college, the only condition of said 
conveyance being that if, at any time, the said land shall cease to be used for the 
purposes of said college, then the State shall pay to said town of Orono the sum 
of money heretofore expended by that town in the purchase of said premises, viz, 
$11,000. 

Ibid., 1871, Resolves, chapter 251: Appropriates $6,000 for completion of college 
buildings and purchase of apparatus and furniture. 

Ibid., 1872, Resolves, chapter 56: Appropriates $18,000 to reimburse trustees " for 
money advanced by them " to the extent of $13,000 and $5,000 for building "a suit- 
able house ' ' for the president. 

Ibid., 1872-74, Public Laws, chapter 194: All vacancies occurring in the board 
of trustees of the State College of Agriculture and the Mechanic Arts shall be 
filled by the governor with the advice and consent of the council. (Approved 
February 25, 1874.) 

Ibid., Private and Special Laws, chapter 147: Females who possess the suitable 
qualifications for admission to the several classes may be admitted as students in 



44 EDUCATIOIS' REPORT, 1903. 

the college; subject to the requirements of labor and study, which may be deter- 
mined by the faculty of instruction and by the trustees of the college. (Approved 
February 23, 1872.) 

Ibid., 1876, Resolves, chapter 172: Appropriates $8,000 for instruction and con- 
tingent expenses. 

Ibid., 1877, Resolves, chapter 258: Appropriates $15,318 for various current pur- 
poses. 

Ibid., 1878, Resolves, chapter 57: That the governor and council are hereby 
requested to indicate, in anyway they may think proper, their readiness to receive 
proposals from denominations, associations, or organizations, to take from the 
State, the State College of Agriculture and the Mechanic Arts at Orono, and agree 
to sustain it, according to its original plan, as to protect the rights of all parties', 
and report to the next legislature. (Approved February 19, 1878.) 

Ibid., 1878, Resolves, chapter 80: Appropriates $6,500 for current expenses. 

Ibid., 1879, Private and Special Laws, chapter 173: Section 13 of chapter 532 of 
the private and special laws of 1865 is hereby amended so as to read as follows: 
Sec. 13. A reasonable charge shall be made for tuition, the amount of which shall 
be determined from time to time by the trustees, and all persons employed by them 
shall constantly endeavor by the adoption of judicious and effective arrangements 
in all the labor departments of the college, to reduce the cost of subsistence to the 
students, and to render the institution, as far as possible, self-sustaining. (Ap- 
proved February 27, 1879.) 

Ibid., 1880, Resolves, chapter 197: Appropriates $3,000. 

Ibid., 1881, Resolves, chapter 13: Whereas, the State of Maine holds in trust 
for the benefit of the State College of Agriculture and the Mechanic Arts, a 
registered bond of the State of Maine, numbered 251, for the sum of $30,000, 
which became due August 15, in the year of our Lord 1868, and the State of 
Maine, by a resolve approved March 24, in the year of our Lord 1864, directed 
the treasurer of State to invest all money received from the sale of land scrip 
donated to said college by the United States in the 6 per cent stock of this State, 
to be inviolably held for the benefit of said college, and this sum of $30,000 being 
a portion of said investment; therefore be it resolved, that the treasurer of State 
be atithorized and directed to issue a new registered bond in favor of said college 
for the sum of $30,000, bearing interest at the rate of 6 per centum per annum, 
payable semiannually, to bear date of August 15, 1888, and payable nine years 
from date; the same being in lieu of bond number 251, for a like sum due August 
15, 1888; said bond to be signed by the treasurer, countersigned by the governor, 
and attested by the secretary of state. (Approved February 24, 1881.) 

Ibid., 1881, chapter 60: $3,500 is appropriated for the two years, 1881 and 1882. 

Ibid., 1883, Public Laws, chapter 196: Section 1. One additional member shall 
be added to the present board of trustees of the State College of Agriculture and 
the Mechanic Arts, who shall be a graduate of said college, and not less than 25 
years of age, and a resident of this State, and shall hold his office for a term of 
three years, so that said board of trustees shall hereafter consist of 9 members, 
including the secretary of the Maine board of agriciilture. 

Sec. 2. The governor, with the advice and consent of the coiincil, shall appoint 
such member of said board of trustees to fill such vacancy, upon nomination of 
the alumni association of said college, made at any regular meeting of said asso- 
ciation held for that purpose and made known to the governor and council by 
the secretary of said association, under seal. 

Sec. 8. Said alumni association shall make such appointment, and the secretary 
shall make the appointment known to the governor and council within six months 
after any vacancy may occur in such position, or after the approval of this bill by 
the governor; and in case such appointment shall not be made by said association 
within said six months, or said appointment shall not be made known to the gov- 
ernor and council within said six months, as hereinbefore provided, then the gov- 
ernor and council shall appoint some person who is a graduate of said college, 
subject to the provisions of section 1, to fill said vacancy. (Approved March 10, 
1883.) 

Ibid., 1885, Resolves, chapter 196: Appropriates $12,400 to be expended during 
the year. 

Ibid., 1887, Public Laws, chapter 119: Section 1. For the purpose of carrying 
into effect the provisions of an act of Congress of the United States approved 
March 2, 1887, to establish agricultural experiment stations in connection with the 
colleges established in the several States under the provisions of an act approved 
July 2, 1862, and of the acts supplementary thereto, the State hereby assents to 
the purposes of said grants and accepts the grants of money authorized and appro- 
priated by said first-named act, approved March 2, 1887, and assigns the same to 



LAWS RELATING TO LAND-GRANT COLLEGES. 45 

the Maine State College of Agriciilture and the Mechanic Arts, and there is hereby 
established at said college in connection therewith, and under its direction, a 
department to be known and designated as the Maine Agricultural Experiment 
Station. 

Sec. 2. The act of the legislature of this State, approved March 3, 1885, estab- 
lishing the Maine Fertilizer Control and Agricultural Experiment Station, is 
hereby repealed, this repeal to take et!fect October 1, 1887. 

Skc. 3. All ajiparatus, chemicals, and other property belonging to said station, 
and the unexpended balance of money in the State treasury appropriated by the 
State to said station for the year 1887, shall, on October 1, 1887, be transferred 
and paid to and become the property of the Maine State College of Agriculture 
and the Mechanic Arts, and the treasurer thereof shall receipt for the property so 
transferred by the board of managers of said experiment station and the unex- 
pended balance so paid over by the treasurer of State. (Approved March 16,1887.) 

Ibid., 1887, Resolves, chapter 54: Appropriates $34,600 for two years, $25,000 to 
be for the erection of a building for the departments of natural history and agri- 
culture, and the remaining part for current purposes. 

Acts and Resolves, 1887, chapter 105: That the treasurer of State be authorized 
and directed to receive from the Maine State College of Agriculture and the 
Mechanic Arts, situated in Orono, in the county of Penobscot, in trust, the sum 
of $100,000, bequeathed to said college by Hon. Abner Coburn; and said treasurer 
shall apply the same in payment of the debt of the State of Maine, and shall 
issue to said college an unnegotiable registered bond for the sum of $100,000, bear- 
ing interest at the rate of 4 per cent per annum, payable semiannually on the 
first days of January and July in each year, at the treasurer's office. Said bond 
shall be payable in thirty years from the first day of July, in 1887, and shall be 
signed by the treasurer, countersigned by the governor, attested by the secretary 
of state, and the State treasurer and his successors in office shall pay to the treas- 
urer of said college the interest on said bond from the time he receives said sum 
until the maturity of the bond. (Approved March 16, 1887.) 

Acts and Resolves, 1891, Resolves, chapter 43: Appropriates $24,500 for 1891 
and 1892. 

Acts and Resolves, 1893, Resolves, chapter 178: Appropriates $12,000 for 1893 
and 1894. 

Acts and Resolves, 1897, Resolves, chapter 215: That in order to defray the cur- 
rent expenses of the State College of Agriculture and the Mechanic Arts, there be 
appropriated to the trustees of said college, for the year 1897, and for each year 
thereafter for the term of ten years, the sum of $20,000. Resolved that the said 
trustees are hereby directed to charge all students a reasonable tuition, but they 
may abate said tuition to such worthy pupils, resident in the State, as may be 
financially unable to pay the same. (Approved March 20, 1897.) 

Acts of 1897, chapter 551: Section 1. The name of the corporation known as the 
trustees of the State College of Agriculture and the Mechanic Arts is hereby 
changed to the University of Maine, and the said University of Maine shall have 
all the rights, powers, privileges, property, duties, and responsibilities which 
belong or have belonged to the said trustees. 

Sec. 2. This act shall take effect on some day in June, 1897, to be fixed by said 
trustees. (Approved March 26, 1897.) 

Ibid., chapter 547: Section 1. Graduates of the State college shall enjoy before 
State boards and in the practice of any profession or the pursuit of any calling for 
which they may be prepared, rights, privileges, and exemptions equal to those 
granted to the graduates of any other institutions within or without the State. 
(Approved March 26, 1897.) 

Ibid., chapter 550: The trustees of the Maine State College of Agriculture and 
Mechanic Arts shall receive $2 a day for their regular visits at said institution an»l 
the same sum for every 20 miles travel. (Approved March 26, 1897.) 



MARYLAND. 

Declaration of Rights, article 43: That the legislature ought to encourage the 
diffusion of knowledge and virtue, the extension of a judicious system of general 
education, the promotion of literature, the arts, sciences, agriculture, commerce, 
and maniifactures, and the general melioration of the condition of the people. 

Laws, 1856, chapter 97 [amended by laws of 1866, chapter 53] : Whereas it hath 
been represented to the legislature that certain wise and virtuous citizens are 
desirous of instituting and establishing in some convenient locality within this 



46 EDUCATION EEPOET, 1903. 

State an agricultural college and model farm, in which the youthful student may 
especially be instructed in those arts and sciences indispensable to successlul agri- 
cultural pursuits; and whereas it doth appear to this legislature that while the 
wise and learned in the present age have cultivated with laudable industry and 
applied with admirable success the arts and sciences to other pursuits, the most 
necessary, useful, and honorable pursuits of agriculturists have so far been most 
lamentably neglected; and whereas it is the province and duty of the legislature 
to encourage and aid the philanthropic and patriotic citizens in their efforts to 
disseminate useful knov/ledge by establishing an agricultural college and model 
farm, which shall in addition to the usual course of scholastic learning particu- 
larly indoctrinate the youth of Maryland theoretically and practically in those 
arts and sciences, which with good manners and morals shall enable them to sub- 
due the earth and elevate the State to the lofty position its advantages in soil, cli- 
mate, etc., and the moral and mental capacities of its citizens entitle it to attain; 
therefore. 

Section 1. James T. Earle and [eight others are named] are appointed commis- 
sioners, by whom or under whose direction subscriptions may be solicited and 
obtained to the stock of the Maryland Agricultural College, and they are hereby 
authorized to take, hold, and dispose of, as hereinafter provided for, voluntary 
stibscriptions to the amount not exceeding $500,000, in shares of $25 each. 

Sec. 2. As soon as at least 3,000 shares of stock aforesaid, in manner aforesaid, 
be subscribed for, the subscribers aforesaid, their successors and assigns, shall be 
and are hereby made and declared to be incorporated into a company by the name 
and style of the " Maryland Agricultural College," and by that name be capable 
inlaw of suing and being sued, etc., to use a corporate seal, and to do and cause 
to be done all things necessary for the attainment of the object aforesaid. 

Sec. 3. [As soon as the provisions of section 2 have been complied with and one 
h alf of subscription paid in cash and the other secured a meeting of the stock- 
holders must be called, which assemblage must elect 23 trustees, one from each 
county and one from the city of Baltimore, any five of whom shall constitute a 
quorum capable of transacting business.] 

Sec. 4. [The first board of trustees were to hold office five years, but subse- 
quently elected trustees were to serve for two years.] (Repealed by law of 1868, 
chap. 97, q. v.) 

Sec. 5. [Board had full power to appoint professors and teachers in the college, 
prescribe their duties, salaries, and fix and determine the duties, wages, cost, and 
charge of all other officers and servants, tuition and board of students, course of 
study, vacations, examinations, exhibitions, and control and manage all persons 
and things in and belonging to the college and conducive to the successful operation 
of the college and model farm.] 

Sec. 6. [Board shall cause to be made annually on the model farm " a series of 
experiments upon the cultivation of cereal and other plants adapted to the latitude 
and climate of Maryland and cause to be carefully noticed upon the records of 
said institution the character of said experiments, the kind of soil upon which. 
the>' were undertaken, the system of cultivation adopted, the state of the atmos- 
phere and other particulars which may be necessary to a fair and complete under- 
standing of the results of said experiments, and they shall also require the instruc- 
tor of chemistry, as far as may be consistent with his other duties in said 
institution, to carefully analyze all specimens of soil that may be submitted to him 
by any citizen of this State, free of charge, and specially furnish the applicant 
with an acciirate statement of the result. " ] 

Sec. 7. [The trustees have care, control, and management of all the real and 
personal property and money of the said company, and shall appoint a register 
and cause to be registered in a book to be kept for that purpose all the acts, etc., 
of the trustees. They meet four times or more a year at the college and shall 
make a report to the legislature.] 

Sf.c. 8. [Declares that when the forementioned provisions have been complied 
with and not fewer than 50 acres for the model farm have been purchased and 
the college and farm buildings erected, "the said stockholders under the name 
and style of the Maryland Agricultural College shall be entitled from the treas- 
ury of the State of Maryland to the annual sum of $6,000. which said annual sum 
of $6,000 is hereby appropriated out of any unappropriated money in the treasury 
as an annual endov/ment of the said Maryland Agricultural College, and shall by 
the board of trustees hereinbefore mentioned be applied to the payment of salaries 
of professor's and such other purposes as shall promote the welfare and success of 
the said agriculttTral college, and upon notice being given in writing by the said 
Maryland Agricultural College, that the subscriptions aforesaid have been bona 
fide n:aaa itnd a board of trustees duly appointed, and the lands for said model 



LAWS RELATING TO LAND-GRANT COLLEGES. 47 

farm have been purchased and the necessary buildings erected thereon, to the 
comptroller of the treasury, he shall forthwith, if at any time before the 1st day 
of February, 1858, said report is made, issue his warrant to the treasurer, and the 
treasurer shall pay to the said board of trustees or their order then, and annually 
thereafter, the said sum of $6,000 above appropriated." ] 

Sec. 9. [Forbids stockholders and trustees to issue any xjromissory obligation or 
" use or attempt to use any banking privileges whatsoever." ] 

Sec. 10. [Repeals charter if provisions of section 3 are not complied with by 
February 1, 1858.] 

Sec. 11. [Right to annul annual grant of $6,000 and " make void all and every^ 
part of the incorporation aforesaid and all rights, privileges, and immunities here- 
inbefore mentioned." ] 

Sec. 12, [Declares subscribers shall receive back their subscription in case of 
no incorporation by failure to secure 2,000 shares,] 

Sec. 13. [Arranges for the annual meeting of the stockholders. Repealed by 
law of 1868, chap. 320, q. v.] (Passed March 6, 1856.) 

Laws, 1858, chapter 265 [amended by laws of 1866, chapter 53]: Whereas it is 
represented to the legislature that the interests of the Maryland Agricultural 
College will be greatly advanced by the probable increase in the number of sub- 
scribers to the stock thereof by reducing the amount of subscription to the shares 
or stock in the same, thereby diffusing more wide and general interest among the 
agriculturists of the State; and also by granting to the District of Columbia a. 
trustee for the management of said institution in view of the proximity of its 
location and site to said District, and the great interest already manifested by 
large subscriptions to its stock by the inhabitants of that district; and whereas 
it is also represented that the original act incorporating said institution contains 
no provisions for filling vacancies occurring in the board of trustees recently 
elected, without a general call or meeting of stoskholders; therefore, etc. 

Ssc. 2. [Relates that there shall be three trustees at large, one from the eastern 
shore and one from the western shore and also a trustee from the District of 
Columbia.] 

Sec. 4. [Relates that honorary members may be chosen by the board from 
among the citizens of other States.] (Passed March 10, 1858.) 

Laws, 1884, chapter 90: Section 1. That the following sections relating to col- 
leges for the benefit of agriculture and the mechanic arts be added to the article 
"Schools," of the Code of Public General Laws entitled " An act assenting to the 
provisions of the act of Congress donating lands to the several States and Terri- 
tories for the benefit of education." 

Sec. 17. The State of Maryland hereby declares its acceptance of the provisions 
of an act passed by the Congress of the United States, entitled ''An act donating 
public lands to the several States and Territories which may provide colleges for 
the benefit of agriculture and mechanic arts." approved July 2, 1862; and the 
governor is hereby authorized to give such notice of the said acceptance as may 
be proper. 

.. Sec. 18. The comptroller of the treasury is hereby authorized to receive from 
the proper authorities of the United States the land scrip to be issued for the 
lands granted to this State by the said act of Congress, and to give all necessary 
receipts and acknowledgments for the scrip which may be received by him. 
a Sec. 19. The said comptroller is hereby authorized, by and with the approval 
and concurrence of the governor and treasurer of the State, from time to time as 
he may deem proper, to sail such land scrip, or any part thereof, for cash, or for 
stocks of the United States, or of the States, or some other safe stocks, yielding 
not less than 5 per cent upon the par value of said stocks, and to execute all 
necessary and proper transfers thereof; but no scrip shall be transferred and 
delivered to any purchaser thereof until the same shall have been fully paid for, 
or until payment shall have been fully secured by collaterals of such stocks as 
above specified. 

Sec. 20. The comptroller shall make all such arrangements, employ such agents 
and adopt such measures in all respects as he may deem most expedient for 
effecting a judicious sale of the said land scrip; and the treasurer, on the warrant 
of the Comptroller, shall from time to time pay out of any moneys in the treasury, 
not otherwise appropriated, all the expenses of management and superintendence, 
and taxes, if any. for the selection of said lands previous to their sale, and all 
expenses incurred in the management and disbursement of the moneys which may 
be received therefrom, and of all incidental matters connected with or arising out 
of the management and sale of said lands, so that the entire proceeds of the sale of 
said lands shall be applied without any diminution whatever to the purposes 
mentioned in said act of Congress. 



48 EDUCATION KEPOET, 1903. 

Sec. 21. The moneys which may be received in the sale of said land or scrip 
shall from time to time, and as often as there shall be a sufficient accnmulation 
for that purpose, be invested by the comptroller in stocks of the United States, 
or of this State or some other safe stocks yielding not less than 5 per cent per 
annum on the par value of said stocks, and the money so invested shall constitute 
a perpetual fund, the capital of which shall remain forever undiminished, except 
as provided for in and by said act of Congress. 

Sec. 23. The comptroller shall keep separate books of accoimts in his office of 
all matters relating to the said land scrip and lands, and the care, management, 
sale, and disposition thereof, and of the investment of the moneys derived from 
the sale of the said lands and land scrip, and of the manner in which the income 
of the said fund may be disposed of, pursuant to an act of the legislature here- 
after to be passed authorizing the application thereof in conformity with the pro- 
visions of the act of Congress aforesaid. 

Sec. 23. The comptroller, in his annual report to the legislattire, shall state the 
condition and amount of said fund, the expenditures on accoimt thereof, and all 
Ms proceedings and acts in regard thereto. 

Sec. 24. All moneys received by the comptroller under the provisions of this 
act shall be forthwith deposited by him in the treasury of the State as a trust 
fund, with which a special office and bank account shall be kept by the treasurer 
so that the said moneys shall not be intermingled with the ordinary funds of the 
State; and the said moneys shall be paid out by the treasurer from time to time, 
on the warrant of the comptroller, when required by him for the purpose of being 
invested as hereinbefore mentioned. (Passed February 17, 1864.) 

Laws, 1865, chapter 178: Section 1. After the comptroller shall have sold the 
said scrip and invested the proceeds thereof as provided by the act of the gen- 
eral assembly, passed in 1864, the annual interest or income of said investment 
shall be regularly paid by him without diminution to the Maryland Agricultural 
College, and the leading object of said college shall be, without excluding other 
scientific and classical studies, and including military tactics, to teach such 
branches of learning as are related to agriculture and the mechanic arts, in order 
to promote the liberal and practical education of the industrial classes in the sev- 
eral pursuits and professions of life, and the money so to be received by the said 
college shall be applied to the objects enumerated in the said act of Congress and 
to no other purposes whatever, and the said college shall in all respects comply 
with the several requirements of the said act as to making and recording experi- 
ments and reporting the same as therein prescribed: Provided, That nothing herein 
contained shall be construed to prohibit or j)reclude the general assembly, at any 
time hereafter, from making any other disposition of said funds, not inconsistent 
with the act of Congress making said donation. 

Sec. 2. From and after the passage of this act the State board of education shall 
be ex-officio members of the board of trustees of the said college. (Passed March 
22, 1865.) 

Laws, 1866, chapter 53 [amended in Sec. 4, see laws of 1880, chapter 231; also 
laws of 1888, chapter 53] : Section 1. The treasurer, upon the warrant of the comp- 
troller, be, and he is hereby, authorized and directed to pay to the board of trus- 
tees of the Maryland Agricultural College the sum of $45,000, the said sum to be 
payable in three annual installments of $15,000 each, the first of said installments 
to be paid on the 1st day of April, 1866, and the balance in two equal installments 
on the 1st day of April, 1867, and the 1st day of April, 1868, respectively, the said 
amount of $45,000 to be appropriated by the trustees to the liquidation of the pres- 
ent indebtedness of the said college and the purchase of furniture and apparatus 
for the said college: Provided, The trustees of the said Maryland Agricultural 
College shall, on or before the 1st day of April, 1866, make, by a good and valid 
title, the State of Maryland equal joint owner of the property of every kind and 
description, real, personal, and mixed, now owned by the said college. 

Sec. 2. Upon the acceptance of this act by the majority of the stockholders, at 
a meeting to be called and held in pursuance of the act of incorporation, the trus- 
tees of said college are hereby authorized and fully empowered to make, by a good 
and valid title, the State of Maryland equal joint owner in all the property of every 
kind and description, both real, personal, and mixed, now owned by the said 
Maryland Agricultural College. 

Sec. 8. So much of the third section of the act of 1856 and the second section of 
of the act of 1858, which requires the board of trustees to consist of 22 trustees, 
1 from each county, and 1 from the city of Baltimore, and authorizes the appoint- 
ment of a trustee from the District of Columbia and 1 from the eastern shore and 
1 from the western shore, for the State at large, is repealed. 



LAWS REI^ATING TO LAND^GRANT COLLEGES. 49 

Sec. 4. The board of trustees of the Maryland Agricultural College shall, on 
and after the 1st day of March, 1866, be composed of II trustees, 4 of whom shall 
be members of the State board of education, to represent the State's interest as 
joint owner, and the other 7 shall be elected by a majority of the private stock- 
holders in the manner now provided by law, 6 of whom shall be residents of the 
State of Maryland , and 1 of the District of Columbia. 

Sec. 5. The said board of trustees hereinbefore provided for shall possess the 
same and like powers and authority with the trustees authorized to be apijointed 
by the original acts to which this is amendatory. 

Sec. 6. The said board of trustees shall have power and authority to appoint and 
select visitors for said institution, 1 from each coimty and 2 from the cicy of Balti- 
more, with authority to attend the meetings of said trustees, but without the right 
of voting in the management of the said Maryland Agricultural College. 

Sec. 7. A sum of money not exceeding 10 per cent upon the amount received by 
this State, under the provisions of the act of Congress of 1862, which is authorized 
to be expended for the i^urchase of lands for sites or experimental farms, is hereby 
expressly reserved and set apart, to be paid into the treasury of the State to reim- 
burse the said State in part for the amount appropriated to the said Maryland 
Agricultural College by this act; and that so much of the act of 1835 as is incon- 
sistent with this section of this act is repealed. (Passed February 7, 1866.) 

Laws, 1868, chapter 320: Section 1. Sections 4 and 13 of the act of assembly, 
passed 1856, chapter 97, are hereby repealed and the following sections enacted in 
lieu thereof: ' ' Section 4. The president of the Senate shall be, ex-officio, a member 
of the board of trustees of the Maryland Agricultural College, in the place which 
the lieutenant-governor formerly held in the said board. 

" Sec. 13. A general meeting of the stockholders of the Maryland Agricultural 
College shall be held annually, on the second Wednesday of April, in the city of 
Baltimore, at such special hour and islace as the president of the existing board of 
trustees may appoint, and one week's notice of such meeting shall be published in 
two of the daily newspapers of Baltimore, and that a meeting may be called at 
any time and at any convenient lAace during the interval between the said annual 
meetings by the president and trustees, or a majority of them, or by the stock- 
holders owning at least one-fourth of the whole amount of stock subscribed, upon 
giving thirty days public notice of the time and place of holding the same, by 
advertisement published in one or more newspapers of general circulation in the 
State; and at all meetings of said stockholders one-fourth in value of said stock- 
holders being present in person or by written proxy shall constitute a quorum for 
the transaction of all business; and that if less than such quorum shall be present 
at any such meeting said meeting may adjourn from, time to time until a quorum 
is obtained, and that all general meetings of the stockhoklers where such a quo- 
rum is present a majority in value of the stockholders present in person or by 
written proxy may fill any vacancy that may occur in the board of trustees which 
can be lawfully filled by the stockholders, and may remove from office any presi- 
dent or any of the trustees elected by the stockholders, and may appoint others in 
their stead." (Approved March 30, 1868.) 

Laws, 1870, chapter 183: Section 1. The adjutant -general is authorized to fur- 
nish for the use of the Maryland Agricultural College 100 Austrian muskets, in 
the armory at Annapolis, or such other suitable arms as may now be in the 
armory, with accoutrements complete, and the necessary number of officers' 
swords and belts. 

Sec. 3. The trustees of the Maryland Agricultural College shall, upon the 
receipt of said arms and accoutrements, execute to the State of Maryland a good 
and sufficient bond for the amount of the value of said arms and accoutrements 
for their safe keeping and return to the adjutant-general whenever required by 
the legislature so to do. (Approved March 31, 1870.) 

Laws, 1872, chapter 415: Whereas the legislature of Maryland by act of assem- 
bly, 1864, formally accepted the provisions of the act of Congress donating public 
lands to the several States and Territories which may provide colleges for the bene- 
fit of agriculture and the mechanic arts; and whereas section 20 of said act of 
assembly, in accordance with the requirements and almost in the words of said 
act of Congress, directs the treasurer, on the warrant of the comptroller, to pay 
all expenses of the management, superintendence, and taxes for, and all the inci- 
dentals connected with or arising out of the management of said lands, so that the 
entire proceeds of sale shall be applied without any diminution whatever to the 
purposes mentioned in the act of Congress, and as expressly required by that act; 
and whereas by act of assembly, 1865, the whole annual income from the fund 

ED 1903 4 



50 EDUCATION BEPORT, 1903. 

arising from the sale of agricultural land scrip appropriated as aforesaid by act of 
Congress, was directed to be paid regularly by the comptroller " without diminu- 
tion ' ' to the Maryland Agricultural College ; and whereas by act of assembly of 
1866 the legislature did diminish the said land fund so provided by act of Congress 
and so accepted by act of assembly, and so appropriated to the said Maryland 
Agricultural College, by directing 10 per centum of the whole amount to be paid 
into the trecisury of the State, so diminishing the said fund by the sum of $11,250; 
and whereas the comptroller of the treasury in the several years past has further 
diminished the annual interest arising from the said fund by withholding from 
the yearly payments the sum of $90 as a State tax; and whereas section 5 of the 
said act of Congress, the terms of which were formally accepted by the State, 
expressly requires "that if any portion of the funds, or any portion of the interest 
thereof shall, by any act or contingency be lost or diminished, it shall be replaced 
by the State;" therefore 

Section 1. The comptroller of the treasury is required to invest in 6 per cent 
State bonds for the use and benefit of the Maryland Agricultural College the sum 
of $11,250, and to pay over to the order of said trustees, semiannually, on the 1st 
day of April and October in each and every year, the interest upon said sum so 
invested, and Id account to and pay over to said trustees the interest upon said 
principal so withheld from said trust fund and diverted to the use of the State 
from the time such diversion was made. 

Sec. 2. The comptroller is required to account to and refund to the said trustees 
the tax erroneously withheld from the semiannual interest derived from the sum 
invested in the Southern relief fund set apart and invested for the use of the 
Maryland Agricultural College. (Approved April 1, 1872.) 

Laws, 1874. [Appropriation bill carries $3,000 " For the Maryland Agricultural 
College." The same sum is appropriated in 1875]. 

Laws, 1880, chapter 231 ( see 'laws 1888, chapter 326) : Section 1, Section 4 of an 
act passed at the January session, 1866, entitled '"An act amendatory of an act 
to establish and endow an agricultural college in Maryland, passed at January ses- 
sion, 1856," etc., is repealed and reenacted so as to read as follows: 

Sec. 4. The board of trustees of the Maryland Agricultural College shall be 
constituted and composed as follows: There shall be 12 trustees, 5 of whom shall 
be elected by a majority of the private stockholders of said college in the manner 
now provided by law: Provided, That 4 of the 5 shall be residents of the State of 
Maryland and 1 of the District of Columbia, and the following 6 named persons 
shall represent the State's interest in said board, namely, the governor, comptroller, 
treasurer, president of the senate, speaker of the house of delegates, and attorney- 
general; and the United States Commissioner of Agriculture shall be ex officio 
one of said board. (Approved April 10, 1880.) 

Laws, 1886, chapter 307: Section 1. A commission of 6 persons is appointed as 
follows: Two persons engaged in agriculture, 1 from the western shore and 1 
from the eastern shore, to be named by the governor; 1 person by the faculty of 
the Johns Hopkins University, 1 by the Maryland State Farmers' Association, and 
1 person by the Maryland State Agricultural and Mechanical Association, whose 
duty it shall be to inquire into the propriety of establishing an agricultural experi- 
ment station, and to report to the next general assembly the result of their inquiry , 
and to submit such recommendations as to location, management, and other mat- 
ters pertaining to the same as they may deem proper. 

Sec. 2. The sum of $1,000, or so much thereof as may be necessary, is appro- 
priated from any funds in the treasury not otherwise appropriated to pay the 
expenses of said commission incurred in performing the duties herein prescribed, 
to be paid by the treasurer on the warrant of the comptroller upon the order of 
a majority of said commission. (Approved April 7, 1886.) 

Appropriation law for 1888: * * * "To the Maryland Agricultural College, 
$5,000 and no more." 

Laws, 1888, chapter 55: Whereas by an act of Congress passed at the second 
session of the Forty-ninth Congress of the United States, entitled "An act to estab- 
lish agricultural experiment stations to connect with the colleges established in the 
several States, under the provisions of an act approved July 2, 1882, and of the acts 
supplementary thereto," the sum of $15,000 per annum for each State having col- 
leges established under the provisions of said act of July 2, 1862, was appropriated 
for the establishing of agricultural experiment stations; and whereas the said act 
of the second session of the Forty-ninth Congress provides that before the said 
fund shall be paid to any State such State shall give its legislative assent to the 
purposes of said grants; and whereas the Maryland Agricultural College is the 
only college established in the State of Maryland under the provisions of said act 
of 1862, 



LAWS RELATING TO LAND-GEAISIT COLLEGES. 51 

Section 1. The assent of the State of Maryland is given to the piirposes of the 
grant made by said act and the said Maryland Agricultural College is desig- 
nated as the college entitled to receive the sum appropriated for Maryland, and 
the treasurer of said college is designated as the proper person to receive the same. 

Sec. 3. The assent of the State of Maryland to the grants of moneys for the pur- 
poses, upon the terms and in accordance with the several conditions and provi- 
sions in said act contained, is signified and expressed, and the secretary of state is 
hereby directed to transmit a certified copy of this act to the Secretary of the 
Treasury of the United States. (Approved March 6, 1888.) 

Laws, 1888, chapter 326: Section 1. Section 4 of the act of 1866, chapter 53 
* * * is hereby repealed and reenacted so as to read as follows: 

Sec. 4. The board of trustees of the Maryland Agricultural College shall be con- 
stituted as follows: There shall be 18 trustees, 5 of whom shall be elected by a 
majority of the private stockholders of said college in the manner now provided 
by law: Provided, That 4 of the 5 shall be residents of the State of Maryland and 
1 of the District of Columbia, and the following 6 named persons shall represent 
the State's interest in said board, namely, the governor, comptroller, treasurer, 
president of the senate, speaker of the house of delegates, and attorney-general, 
and the United States Commissioner of Agriculture shall be ex officio one of said 
board, and 1 person from each of the Congressional districts of this State, who 
shall be a practical farmer or immediately interested in agricultural pursuits, who 
shall be appointed by the governor by and with the consent of the senate, to be 
classified as follows: Two for the term of 3 years, 3 for the term of 4 years, and the 
remainder for the term of 6 years, all to date from the 1st day of February, 1888, 
and thereafter the term of all such appointments shall be for the term of G years, 
except that appointments to fill vacancies occurring otherwise than by expiration 
of term shall be only for the unexpired portion of the term so vacated. (Approved 
April 4, 1888.) 

Laws, 1890, appropriation law: " To the Maryland Agricultural College the sum 
of $8,000 for the fiscal year 1891, and the like sum for the fiscal year 1893." 

Laws, 1893, chapter 135: Section 1. The act of Congress approved August 30, 
1890, is assented to and accepted on behalf of the State of Maryland, subject to all 
the purposes and conditions of the said grant. 

Sec. 3. The Maryland Agricultural College, to which the benefits of said act of 
Congress apply in this State, is hereby authorized and directed to make suitable 
provisions for complying with all the requirements of the said act. (Approved 
March 15, 1893.) 

Ibid., appropriation law: "To the Maryland Agricultural College the sum of 
$6,000 for the fiscal year 1893, and the like sum for the fiscal year 1894." 

Ibid., 1894, appropriation law: " To the Maryland Agricultural College the sum 
of $9. 000 for the fiscal year 1895, and a like sum for the fiscal year 1896." 

Ibid., 1896, appropriation law: " To the Maryland Agricultural College the sum 
of $9,000 for the fiscal year 1897, and a like sum for 1898. " 

Laws, 1898, chapter 391: Section 1. The sum of $14,000 is hereby appropriated 
out of any money in the treasury not otherwise appropriated to the Maryland 
Agricultural College, $10,000 of which shall be used for the erection of a suitable 
building for recitation rooms and laboratories for the department of agriculture 
and its allied branches, the remainder of $4,000 for the proper sanitary plumbing 
in the present dormitories. 

Sec. 3. The comptroller of Maryland is directed to issue his warrant on the 
treasurer of Maryland, payable to the order of the Maryland Agricultural College, 
or to its accredited agent, for the sum of $14,000, said sum to be used solely for 
the purpose hereinbefore set forth. (Approved April 7, 1898.) 

Laws, 1900, chapter 630: Section 1. [Appropriates to the Maryland Agricultural 
College the sum of $9,000 for the year 1901, and a like sum for 1903.] 

Laws, 1903, chapter 513: Section 1. [Appropriates] To the Maryland Agricul- 
tural College, the sum of $9,000 for the fiscal year 1903, and the like sum of $9,000 
for the fiscal year 1904, together with the further sum of $3,996 for the fiscal year 
1903, and the sum of $1,776 for the fiscal year 1904, the said latter amounts, viz, 
$3,996 and $1,776 being 3 per centum on the endowment of $88,800 for three years 
and three months, or the difference between 3 [3] per centum and 5 per centum, at 
which latter rate the endowment is required to be invested by acts of Congress; 
said appropriations being made upon the recommendation that the said college 
become the property of the State of Maryland and be made exclusively a tech- 
nical school. 

Ibid., 1903, chapter 635: Section 1. Appropriations are hereby made to the 
Maryland Agricultural College, for its use and for the experiment station, for the 
furtherance of the work of those institutions in their several departments, and 



52 EDUCATION" REPORT, 1903. 

also in order to make provisions whereby more of the people of Maryland may 
avail of the advantages of an agricultural and industrial education, and at the 
same time provide for the proper fulfillment of the compacts made by this State 
in accepting certain grants from the United States Congress to this State. The 
amounts vt^hich are hereby provided for shall be expended, respectively, according 
to the provisions of sections 1, 2, 3, 4, 5, and 6 of this act. 

Sec. 2. In order to provide dormitory accommodations for at least double the 
num.ber of students as present facilities will accommodate, and to provide modern 
and sanitary kitchen and dining room accommodations for students, and also to 
provide for a general assembly hall for chapel and other public functions, the sum 
of $25,000 is hereby appropriated. 

Sec. 3. To provide for the proper heating, ventilation, and general renovation 
of the present dormitory building, the sum of $3,000 is hereby appropriated. 

Sec. 4. To provide for the enlargement of the mechanical building, so as to 
release its overcrowded condition and also to make possible the installment of new 
appliances, the sum of $5,000 is hereby appropriated. 

Sec. 5. In order to provide for the maintenance, repairs, and insurance of the 
building of the experiment station, to provide for the printing of bulletins and 
making exhibits, showing the results of the work, and also to provide for the 
investigations on the tobacco crop, in meat production, and in irrigation, an 
annual appropriation of $5,000 is hereby provided for and made. 

Ssc. 6. The comptroller be and he is hereby authorized to issue his warrant 
upon the treasurer of the State for the several sums hereby appropriated, the 
same to be paid out of any funds not otherwise appropriated; that the said sum 
of moneys shall be payable to the Maryland Agricultural College and shall be 
expended under the direction of the board of trustees of said institution. And 
the first payment shall be made during the fiscal year ending September 1, 1902. 

Sec. 7. One-half of the amounts hereby appropriated for buildings shall consti- 
tute a first lien to the State of Maryland on the property of the Maryland Agri- 
cultural College, and this lien shall be secured by the mortgage, to be given by 
the said college in its corporate capacity, to this State; the said mortgage to run 
for the period of ten years, Mdth interest at 3 per cent, payable annually, if 
demanded; said mortgage to be ratified by the trustees and stockholders of said 
college: And it is further provided, That before any of said sums shall become pay- 
able by the said State to the said college, said trustees shall at their own expense 
cause an examination of the title to be made by the Title Guarantee and Trust 
Company, or some competent attorney to be designated by the attorney-general, 
and upon the report of the persons or corporation so examining to the attorney- 
general and his approval thereof that the title is good, that the said property is 
vested in said college in its corporate capacity in fee simple and free from incum- 
brances, the money shall be paid by the fiscal officers of the State at the time 
provided for in the act and not before. 

Sec 8. And he it enacted. That this act shall take effect from the date of its 
passage, and the moneys appropriated for educational and experimental purpose's 
and purposes of repair, shall be paid as hereinbefore provided, and the moneys 
appropriated for building purposes shall be paid as soon as the mortgage herein- 
before provided for has been drawn, executed, and tendered to and approved by 
the attorney-general; and in addition the private stockholders shall, at a called 
meeting, assent to the lien created by section 7 of this act, by resolution to be 
filed by them with the secretary of state, which said resolution or a copy thereof, 
certified to by the register of the college, shall be evidence of said acceptance. 

[The following matter is taken from the " Supplement to the Code of PuMic General Laws of 
Maryland containing the Public General Laws," passed at the sessions of 1890-1898, by John 
Prestiss Poe, Baltimore, 1898.] 

Article LXI: Section 1. The term " fertilizer," as used in this article, shall be 
held to mean any commercial fertilizer, or any article, substance, or mixture sold, 
offered, or exposed for sale for manurial purposes within this State, of which the 
selling price shall be more than $10 per ton of 2,000 pounds. The term " brand " 
shall be held to mean the name under which the commercial fertilizer is sold, 
together with the statement of the percentage of valuable ingredients contained 
therein. The term "State chemist" shall mean the professor in charge of the 
chemical department of the Maryland Agricultural College, who shall be exofficio 
State chemist. 

Sec. 2. Before any fertilizer is sold, offered, or exposed for sale within the State 
the following conditions must be complied with: (1) The importer, manufac- 
turer, manipulator, dealer, or agent shall take out a license for the sale of fertilizers, 



LAWS RELATING TO LAND-GEANT COLLEGES. 53 

whicli license shall be rated upon the number of brands contemplated to be sold at the 
rate of $15 for each brand, said license to be prejjared and furnished by the comp- 
troller of the treasury and to be issued at any time, to be good until the 1st day 
of February following; (2) every bag, barrel, or package of fertilizer, and every 
parcel or lot, if sold in bulk, must bear in legible print, or be accompanied by a 
clear and true statement showing the net pounds of fertilizer in the package or lot, 
the name, brand, or trade-mark under which the fertilizer is sold, the name and 
address of the importer, manufacturer, or manipulator, the place of manufac- 
ture or manipulation, and a chemical analysis stating the per centum of the mini- 
mum, and only the minimum, contained therein, of nitrogen or its equivalent in 
available ammonia, of potash soluble in distilled water, and of available phosphoric 
acid. 

Sec. 5. It shall be the duty of the Maryland Agricultural College to analyze, 
without cost or charge, all samples of fertilizers sent to ib for the purpose of being 
analyzed by any person or persons purchasing or procuring the same in this State 
for his or their use or uses; provided such persons are not interested in the analysis 
desired other than as consumers, of which affidavit shall be made and shall accom- 
pany each sample or brand; and further, such samples are taken and sent as 
described by this article , and free of cost of transportation to said college ; and it shall 
be the duty of the Maryland Agricultural College to procure samples, as far as prac- 
ticable in every year, of all the fertilizers sold and used in this State, for the pur- 
pose of analyzing the same; and any dtily authorized agent or representative of 
the said college shall have the right to take samples, as provided by this article, 
from any lot or parcel of fertilizer in transit or in possession or keeping of any 
manufacturer, manipulator, dealer, or agent, and sold or offered for sale in this 
State; and it shall be the duty of the Maryland Agricultural College to send in 
the result of the analysis of every sample of fertilizer to the person from whom 
such sample was taken or received, and also to publish from time to time the 
results of the analysis made by the said college of the samples sent to or procured 
by it for such purpose; and it shall be the duty of the Maryland Agricultural 
College, when reporting or publishing the result of any analysis made, to state 
the commercial value in dollars and cents of the fertilizer so analyzed, per ton of 
2,000 pounds, siTch value to be based upon the analysis made by the college, and 
upon a standard of valuation to be ascertained, fixed, and published by said college 
annually, after conference with the proper officials of adjacent States. 

Sec. 6 [as amended by laws of 1902, chap. 382]. All samples of fertilizers for 
analysis at the Maryland Agricultural College shall be taken from unbroken pack- 
ages or bags that have not been damaged or injured in transit or by exposure, and 
when in the possession of the purchaser or purchasers within thirty days after 
coming into their possession it shall be lawful for any such purchaser or purchasers 
of any such manures or fertilizers, provided that he be not a manufacturer, manip- 
ulator, or agent of either, to take from any such unbroken packages or bags a 
sample, not exceeding 2 pounds, placing the same in bottle or bottles, jar or jars, 
which shall then be corked tightly and forwarded to the Maryland Agricultural 
College for analysis; that it shall not be lawful for the said agricultural college 
or its chemists to previously demand of any such pvirchaser or purchasers so send- 
ing said sample or samples for analysis, to give any advices, information or state- 
ment to the said college or its chemists as to any analysis found on the original 
unbroken packages or bags from which said sample or samples were taken, or the 
name or names of any individual, representative,* agent, or corporation or firm 
from which said manures or fertilizers were purchased; and it shall be the duty 
of the agricultural college to have its proper and authorized chemist to at once 
make a full and complete analysis of the manures or fertilizers contained in such 
bottles, jar or jars, and within thirty days thereafter return to such person or per- 
sons from whom the sample or samples were received a full and complete analysis 
of the said manures or fertilizers sent for analysis; and it shall be unlawful for 
any individual or any representative or agent of any corporation or firm, or 
any corporation or firm iteelf . to have, either directly or indirectly, communica- 
tion with the agricultural college or its chemist, agent, or representative, or the 
sender of any sample with regard to the analysis of any manures or fertilizers sent 
to the agricultural college by the purchaser or purchasers thereof for analysis 
under the provisions of this section, nor shall the agricultural college nor its 
chemists nor its agent or agents or the sender of any sample furnish any informa- 
tion or communicate with any manufacturer of fertilizers about any such samples 
submitted for analysis until after a report of said analysis shall have been duly 
furnished to the applicant for such analysis under this section: Provided, That all 
samples sent to the Maryland Agricultural College by any purchaser or purchasers 
shall be drawn from at least 5 per cent of the "total number of bags purchased, 



# 

54 EDUCATION REPOET, 1903. 

these samples to be thoroughly mixed in a clean, dry place, and a suitable sample 
shall be taken from said mixture and placed in a suitable vessel or vessels care- 
fully closed, with an identifying label, and the same then taken or sent by safe 
carriage to the said college for analysis. Every sample for analysis by the State 
chemist as provided for by this section shall be fully described in forms to be 
furnished by said chemist free of charge, said description giving a full and com- 
plete statement of the time and place of sampling, of all marks on the bags or 
packages thereof, and all of the facts relating to the same; said description and 
statements shall be made under affidavit before a justice of the peace or notary 
public, and the same shall be retained as confidential by said justice or notary 
until required by this act to be sent to the State chemist: Provided further, That 
the purchaser or purchasers sending such sample or samples of fertilizer shall 
withhold said description or descriptions of said sample or samples iintil he has 
received the report of the said State chemist of the analysis of the same. Any 
person or persons receiving an analysis from the State chemist under this act 
shall immediately thereafter forward to him the statement required by this act 
to be made at the time of taking the sample or samples; and any person or per- . 
sons violating the provisions of this section shall be punished by a fine of $100; 
and any manufacturer, agent, or representative who shall be convicted of mak- 
ing false and fraudulent representations as to the quality and constituent' elements 
of any fertilizers by the printed analysis upon any such bag or package shall be 
fined $100 for the first offense and $300 for every subsequent offense thereafter; 
and the report of the analysis of any such sample of fertilizer sent to the agricul- 
tural college for examination under this act shall be prima facie evidence as to 
the quality of the lot of fertilizer from which said sample was taken. 

Sec. 7. The funds received by the comptroller from the licenses issued under this , 
article shall be paid into the treasury and be set apart as a specific fund to pay 
the cost and expenses of conducting the analysis provided for in section 5, and. 
the treasurer shall semiannually pay over to the Maryland Agricultural College 
the money received from said licenses; provided that the amount paid in any one 
year shall not be more than at the rate of section 15 for each sample of fertilizer, 
analyzed by said. college. ; . .' 

Sec. 11. It shall be the duty of all State's attorneys to prosecute all persons 
accused of violating any of the provisions of this article. 

Article XL VIII. Sec. 51. A State hortictaltural department is established for 
the State of Maryland; its purpose is to suppress and eradicate the San Jose scale," 
peach yellow, pear-blight, and other injurious dangerous insect pests and plant 
diseases throughout the State of Maryland. 

Sec. 52. The professor of entomology, the professor of vegetable pathology, and 
the professor of horticulture of the Maryland Agricultural College and Experi- 
ment Station shall be the State entomologist, State pathologist, and State horti- 
culturist, respectively. 

Sec. 53. The said horticultural department shall be under the control of the 
board of trustees of the Maryland Agricultural College and Experiment Station, 
to whom the officers created under this subtitle shall be responsible. The salary of 
the State entomologist and State pathologist shall be fixed by the said board of, 
trustees, and the said board shall likewise fix the compensation of any assistant or 
assistants, employee or employees, and control all expenses thereof. The expenses 
of said department shall be paid out of an appropriation hereinafter provided for, 
and said board of trustees are' invested with all powers necessary to carry into 
effect the provisions of this subtitle; but no expenses shall be incurred beyond the 
amount appropriated. 



MASSACHUSETTS. 

Constitution (1780), chapter 5: Sec. 2. Wisdom and knowledge, as well as vir- 
tue, diffused generally among the body of the people, being necessary for the. 
preservation of their rights and liberties; and as these depend on spreading the 
opportunities and advantages of education in the various parts of the country, 
and among the different orders of the people, it shall be the duty of legislatures, 
and magistrates, in all future periods of this Commonwealth, to cherish the inter- 
ests of literature and the sciences, and all seminaries of them, especially the uni- 
versity at Cambridge, public schools, and grammar schools in the towns; to 
encourage private societies and public institutions, rewards and immunities, for 
the promotion of agricultiire, arts, sciences, commerce, trades, manufactures, and 
a natural history of the country; to countenance and inculcate the principles of 



LAWS RELATING TO LAND-GRANT COLLEGES. 55 

hximanity and general benevolence, public and private charity, industry and fru- 
gality, honesty and punctuality in their dealings; sincerity, good humor, and all 
social affections and generoiis sentiments among the people. 

Acts andResolves, 1863, chapter 166: Section 1. The Commonwealth of Massachu- 
setts hereby accepts the grant offered to it by the United States, as set forth and. 
defined in the act of Congress approved July 2, 1863, said act being chapter 130 of the 
statutes of the United States, passed at the second session of the Thirty-seventh. 
Congress, upon the terms and conditions contained and set forth in said act of 
Congress; and the governor of the Commonwealth is hereby authorized and 
instructed to give due notice thereof to the Government of the United States. 

Sec. 3. The governor is hereby authorized and instructed to receive, by himself 
or his order, from the Secretary of the Interior or any other person authorized ta- 
issue the sanae, all the land scrip to which this Commonwealth may be entitled by" 
the provisions of the before-mentioned act of Congress. 

Sec. 3. The governor, with the advice and consent of the council, is hereby 
authorized and instructed to appoint a commissioner, whose duty it shall be tO' 
locate, without tmnecessary delay, all the land scrip which may come into the = 
possession of the Commonwealth by virtue of this act, and to sell the same from . 
time to time on such terms as the governor and council shall determine. Said 
commissioner shall give a bond, with sufficient sureties, in the penal sum of 
$50,000, to be approved by the governor and council, that he will faithfully per-- 
form the duties of his ofl&ce, and shall render full and accurate returns to them„. 
at the end of every six months, or oftener if required to do so by them, of his pro- 
ceedings under this act. The compensation of said commissioner shall be fixed, 
by the governor and council, and shall be paid out of the treasury of the Com- 
monwealth; and the governor is hereby authorized to draw his warrants therefor.. 

Sec. 4. All moneys received by virtue of this act, for the sale of land scrip, shall 
be immediately deposited with the treasurer of the Commonwealth, who shall 
invest and hold the same in accordance with the fourth section of the aforemen- 
tioned act of Congress. The moneys so invested shall constitute a perpetual fund,, 
to be entitled the Fund for the Promotion of Education in Agriculture and the 
Mechanic Arts, which shall be appropriated and used in such manner as the leg- 
islature shall prescribe, and in. accordance with the said act of Congress^ 
(Approved April 18, 1863.) 

Acts and Resolves, 1863, chapter 330: Marshall P. Wilder [and thirteen other 
persons mentioned by name] , their associates and successors, are hereby consti- 
tuted a body corporate by the name of the Trustees of the Massachusetts Agricul- 
tural College, the leading object of which shall be, without excluding other 
scientific and classical studies, and including military tactics, to teach such 
branches of learning as are related to agriculture and the mechanic arts, in order 
to promote the liberal and practical education of the industrial classes in the 
several pursuits and professions of life, to be located as hereinafter provided, and! 
they and their successors, and such as shall be duly elected members of said cor- 
poration, shall be and remain a body corporate by that name forever. And for 
the orderly conducting of the business of said corporation the said trustees shall 
have power and authority, from time to time, as occasion may require, to elect a 
president, vice-president, secretary, and treasurer, and such other officers of said 
corporation as may be found necessary, and to declare the duties and tenures of 
their respective offices; and also to remove any trustee from the same corporation, 
when, in their judgment, he shall be rendered incapable, by age or otherwise, of 
discharging the duties of his office, or shall neglect or refuse to perform the same; 
and, whenever vacancies shall occur in the board of trustees, the legislature shall 
fill the same; provided nevertheless, that the number of members shall never be 
greater than fourteen, exclusive of the governor of the Commonwealth, the secre- 
tary of the board of education, the secretary of the board of agriculture, and the 
president of the faculty, each of whom shall be ex oflicio a member of said 
corporation. 

Sec. 2. The said corporation shall have full power and authority to determine 
at what times and places their meetings shall be holden, and the manner of noti- 
fying the trustees to convene at such naee tings; and also, from time to time, to 
elect a president of said college, and such professors, tutors, instructors, and other 
officers of said college, as they shall judge most for the interest thereof, and to 
determine the duties, salaries j emoluments, responsibilities, and tenures of their 
several offices. And the said corporation are further empowered to purchase or 
erect, and keep in repair, such houses or other buildings as they shall judge 
necessary for the said college; and also to make and ordain, as occasion may 
require, reasonable rules, orders, and by-laws, not repugnant to the constitution 
and laws of this Commonwealth, with reasonable penalties, for the good govern- 



56 EDUCATION EEPORT, 1903. 

ment of the said college, and for the regulation of their own body, and also to 
determine and regulate the course of instruction in said college, and to confer 
such appropriate degrees as they may determine and prescribe; provided never- 
theless, that no corporate business shall be transacted at any meeting unless one- 
half, at least, of the trustees are present. 

Sec. 8. The said corporation may have a common seal, which they may alter or 
renew at their pleasure, and all deeds sealed with the seal of said corporation and 
signed by their order, shall, when made in their corporate name, be considered in 
law as the deeds of said corporation; and said corporation may sue and be sued 
in all actions, real, personal, or mixed, and may prosectite the same to final judg- 
ment and execution, by the name of the Triistees of the Massachusetts Agrici^- 
tural College; and said corporation shall be capable of taking and holding in fee 
simple, or any less estate, by gift, grant, bequest, devise or otherwise, any lands, 
tenements or other estate, real or personal, provided that the clear annual income 
of the same shall not exceed $30,000. 

Sec. 4. The clear rents and profits of all the estate, real and personal, of which 
the said corporation shall be seized and possessed, shall be appropriated to the 
uses of said college, in such manner as shall most effectually promote the objects 
declared in the first section of this act, and as may be recommended from time to 
time by the said corporation, they conforming to the will of any donor or donors, 
in the application of any estate which may be given, devised, or bequeathed for 
any particular object connected with the college. 

Sec. 5. The legislature of this Commonwealth may grant any farther powers 
to, or alter, limit, annul, or restrain, any of the powers vested by this act in the 
said corporation, as shall be found necessary to promote the best interests of the 
said college; and more especially may appoint and establish overseers or visitors 
of the said college with all necessary powers for the better aid, preservation, and 
government thereof. The said corporation shall make an annual report of its 
condition, financial and otherwise, to the legislature at the commencement of its 
session. 

Sec. 6. The board of trustees shall detennine the location of said college, in 
some suitable place within the limits of this Commonwealth, and shall purchase, 
or obtain by gift, grant, or otherwise, in connection therewith, a tract of land 
containing at least 100 acres, to be used as an experimental fa,rm, or otherv^se, so 
as best to promote the objects of the institution; and in establishing the by-laws 
and regulations of said college, they shall make such provision for the manual 
labor of the students on said farm as they may deem just and reasonable. The 
location, plan of organization, government, and course of study prescribed for 
the college shall be subject to the approval of the legislatiire. 

Sec. 7. One-tenth part of all the moneys which may be received by the State 
treasurer from the sale of land scrip, by virtue of the provisions of the one hundred 
and thirtieth chapter of the acts of the Thirty-seventh Congress at the second 
session thereof, approved July 2, 1862, and of the laws of this Commonwealth, 
shall be paid to said college and appropriated toward the purchase of said site or 
farm; provided, nevertheless, that the said college shall first secure, by valid 
subscription or otherwise, the further sum of $75,000 for the purpose of erecting 
suitable buildings thereon, and upon satisfactory evidence that this proviso has 
been complied with, the governor is authorized, from time to time, to draw his 
warrant therefor. 

Sec. 8. When the said college shall have been duly organized, located, and estab- 
lished, as and for the purposes specified in this act, there shall be appropriated and 
paid to its treasurer each year, on the warrant of the governor, two-thirds of the 
annual interest or income which may be received from the fund created under 
and by virtue of the act of Congress named in the seventh section of this act, and 
the laws of this Commonwealth accepting the provisions thereof, and relating to 
the same. 

Sec. 9. In the event of a dissolution of said corporation, by its voluntary act at 
any time, the real and personal property belonging to the corporation shall revert 
and belong to the Commonwealth, to be held by the same, and to be disposed of 
as it may seem fit, in the advancement of education in agriculture and the 
mechanic arts. The legislature shall have authority at any time to withhold the 
portion of the interest or income from said fund provided in this act, whenever 
the corporation shall cease or fail to maintain a college within the provisions and 
spirit of this act and the before-mentioned act of Congress, or for any cause which 
they may deem sufficient. (Approved April 29, 1863.) 

Ibid. , 1864. chapter 223: Section 1. The corporate name of " The Trustees of the 
Massachusetts Agricultural College," shall hereafter be "The Massachusetts 
Agricultural College." 



LAWS RELATING TO LAND-GEAISTT COLLEGES. 57 

Sec. 2. The location, plan of organization, government, and course of stndy pre- 
scribed for said college shall be subject to the approval of the governor and council. 

Sec. 3. It shall be the duty of the commissioner authorized to be appointed by 
section 3 of chapter 166 of the acts of 1863 to sell from time to time the land 
scrip which may come into the possession of the Commonwealth by virtue of said 
act, on stich terms as the governor and council shall deteiinine. 

Sec. 4. The governor, with the advice and consent of the council, is hereby 
authorized and instructed to transfer to the Massachusetts Agrictiltural College 
one-tenth of the entire amount of land scrip received by the Commonwealth from 
the United States by virtue of an act of Congress approved by the President July 
2, 1862, and the proceeds from the sale of said land scrip shall be expended only 
for the purchase of land for the use of said college. If any portion of such pro- 
ceeds shall remain unexpended after the purchase of a suitable site or farm for 
said college, then said college shall pay the same over to the treasurer of the Com- 
monwealth, who shall invest and hold the same as a part of the fund for the pro- 
motion of education in agriculture and the mechanic arts, established by the 
fourth section of the one hundred and sixty-sixth chapter of the acts of the year 
1863. 

Sec. 5. To defray the necessary expenses of establishing and maintaining the 
Massachusetts Agricultural College, there may be advanced from the treasury, to 
be refunded as provided in section 6 of this act, the sum of $10,000, and the gov- 
ernor is hereby authorized to draw his waiTants therefor: Provided, That the 
money shall be paid to the treasurer of said college. 

Sec. 7. So much of section 3, of chapter 166 of the acts of 1863, as authorizes the 
commissioner therein named to locate land scrip of the Commonwealth, and so 
much of section 6, of chapter 220 of the acts of 1863, as provides that the location, 
plan of organization, government, and course of study prescribed for said college 
shall be subject to the approval of the legislature, and all other acts and parts of 
acts inconsistent herewith are hereby repealed. (Approved May 11, 1864.) 

Ibid., 1865, chapter 195: Section 1. The town of Amherst is hereby authorized 
to raise, by issuing its bonds, or by loan or tax, the sum of $50,000, to be appropriated 
and paid to the Massachusetts Agricultural College, out of the treasury of the town, 
and applied in the erection of suitable buildings upon the farm of said college in 
said town, provided Ihat at a legal tovsra meeting, called for that purpose, two- 
thirds of the voters present and voting thereon shall vote to raise said amount for 
said object. (Approved May 5, 1865.) 

Ibid., 1865, chapter 240: Appropriates $10,000 to aid "in establishing college." 

Ibid., 1866, chapter 263: Section 1. The board of agriculture shall constitute a 
board of overseers of the Massachusetts Agricultural College, with powers and 
duties to be defined and fixed by the governor and council. Biit said board of 
overseers shall have no powers granted to control the action of the trustees of said 
college, or to negative their powers and duties, as defined by chapter 220 of the 
acts of 1863. 

Sec. 2. The board of agriculture is hereby authorized to locate the State agri- 
cultural cabinet and library, and to hold its meetings in said college. 

Sec. 3. The president of the agricultural college is hereby constituted a member, 
ex officio, of the board of agriculture. 

Sec. 4. All acts and parts of acts inconsistent with this act are hereby repealed. 
(Approved May 26, 1866.) 

Ibid., 1867, chapter 189: Section 1, Directs the treasurer of the Commonwealth 
to pay to college accumulated interest on fund '* since July 30, 1864." 

Ibid., 1868, Resolves, chapter 8: That his excellency the governor be authorized 
to issue to the president and trustees of the Massachusetts Agricultural College 
such arms and equipments, for the use of that institution, as in his judgment may 
be so distributed without detriment to the militia service; provided, the said pres- 
ident and trustees shall be held personally responsible for the same. (Approved 
March 11, 1868.) 

Ibid., 1869, Resolves, chapter 34: Appropriates $50,000 from treasury of Com- 
monwealth '' for the erection of biiildings and other improvements." 

Ibid. , 1870, Resolves, chapter 75: Appropriates $25,000 from the treasury for cur- 
rent expenses, and further, " Resolved, That the secretary of the board of educa- 
tion and the secretary of the board of agriculture be directed to devise a plan, if 
practicable, by which the college may, without expense to the Commonwealth, be 
recognized as an independent institution in analogy with other colleges in the Com- 
monwealth, and that they inquire whether the term of study in said college should 
not be reduced; and report to the next general court. ' ' (Approved June 18, 1870. ) 

Ibid., 1871, chapter 378: Section 1. Chapter 220 of the acts of 1863, entitled "An 
act to incorporate the Trustees of the Massachusetts Agricultural College," is 



58 EDUCATION EEPOET, 1903. 

hereby amended as follows, to wit: Strike frora the first section thereof the words, 
" whenever vacancies shall occur in the board of trustees, the legislature shall fill 
the same," and substitute therefor the words, "also from time to time to elect 
new members." Strike the last sentence from the fifth section and substitute 
therefor the follov/ing, " the college shall furnish to the governor and council a 
copy of the annual report of its operations." (Approved May 36, 1871.) 

Ibid., 1871, Resolves, chapter 89: Appropriates $50,000 from the treasury for 
current expenses, and adds to the fund for the promotion of education in agri- 
culture and the mechanic arts a sum sufficient to increase said fund so that it 
shall amount to $350,000. (Approved May 26, 1871.) 

Ibid., 1874, Resolves, chapter 57: Appropriates $18,000 " in aid of that institution." 

Ibid., 1876, Resolves, chapter 52: Appropriates $5,000 out of treasury for current 
expenses, ''provided, That the excess of expenditures above receipts shall not 
exceed that sum." 

Ibid., 1877, Resolves, chapter 68: Appropriates $5,000 from treasury, one-half 
for current expenses and the other half " for manual labor which students may 
perfoiTa who are residents of the Commonwealth, but no student shall be paid 
more than $100 during one year." 

Ibid., 1879, chapter 258: Section 1. Appropriates $32,000 "to pay the indebted- 
ness of the Massachusetts Agricultural College." 

Sec. 2. The expenses of the institution shall be kept within the income to which 
it is legally entitled, and the board of trustees shall be personally liable for any 
debt contracted for any purpose in excess of the assured income of the college or 
for the payment of which money has not been previously provided. 

Sec. 3. The governor and council are hereby requested to examine the affairs of 
said college and report to the next general court some plan for its permanent con- 
tinuance with its relations to the State definitely fixed, or some plan for its dis- 
continuance, but with the provision in any event that its finances shall from this 
time be finally separated from the treasury of the Commonwealth. (Approved 
AprU24, 1879.) 

Ibid., 1882, chapter 212: Section 1. An agricultural experiment station shall be 
established and maintained at the Massachusetts Agricultural College in the town 
of Amherst. 

Sec. 2. The management of said station shall be vested in a board of control of 
seven persons, of which board the governor shall be president ex officio and of 
which two members shall be elected from the State board of agriculture, two 
from the trustees of the Massachusetts Agricultural College by said trustees, one 
from the Massachusetts society for pi'omoting agriculture by said society, and the 
remaining member shall be president of the Massachusetts Agricultural College. 
The said board shall choose a secretary and treasiirer. 

Sec. 3. The said board of control shall hold an annual meeting in the month of 
January, at which time it shall make to the legislature a detailed report of all 
moneys expended by its ordtr and of the results of the experiments and investi- 
gations conducted at said station with the name of each experimenter attached to 
the report of his own work, which detailed report shall be printed in the annual 
report of the secretary of the State board of agriculture. 

Sec. 4. The said board of control shall at its first meeting arrange for the retir- 
ing of two members each year, and the successors of such retiring members shall 
be elected by the bodies respectively which such retiring members represent, pro- 
vided that in the years in which under such arrangement the president of the 
Massachusetts Agricultural College would be retired the said president shall 
remain and only one member shall be retired. 

Sec. 5. The said board of control shall appoint a director, a chemist, and all 
necessary assistants, and shall provide suitable and necessary apparatus and appli- 
ances for the purpose of conducting experiments and investigations in the follow- 
ing subjects: (1) The causes, prevention, and remedies of the diseases of domestic 
animals, plants and trees; (2) the history and habits of insects destructive to vege- 
tation and the means of abating them; (3) the manufacture and pompositionof 
both foreign and domestic fertilizers, their several values, and their adaptability 
to different crops and soils; (4) the values under all conditions, as food for all 
farna animals, for various purposes, of the several forage, grain, and root crops; 
(5) the comparative value of green and dry forage, and the cost of producing and 
preserving it in the best condition; (6) the adulteration of any article of food 
intended for the use of men or animals, and in any other subjects which may be 
deemed advantageous to the agriculture and horticulture of the Commonwealth. 
It may from time to time distribute any or all of the results of any experiment or 
investigation to such newspapers as may desire to publish the same. 

Sec. 6. There shall be paid from the treasury of the Common Avealth to the 



LAWS BELATING TO LAND-GRANT COLLEGES. 59 

treasurer of said board of control before the 1st day of July, 1883, the sum of $3,000 
to establish, prepare, and equip said station; and for the maintenance of said 
station hereafter there shall also be paid to said treasurer the sum of $5,000 annu- 
ally in regular quarterly installments. (Approved May 12, 1882.) 

Ibid., 1882, Resolves, chapter 49: Appropriates $9,000 for repairs and drill house. 

Ibid., 1883, chapter 105: The board of control of the agricultural experiment 
station shall annually, in the month of January, make a detailed report to the 
State board of agriculture of all moneys expended by its order and of the results 
of the experiments and investigations conducted at said station, with the name 
of each experimenter attached to the report of his own work. (Approved March 
30, 1883.) 

Ibid.. 1883, Resolves, chapter 46: That there shall be paid annually for the 
term of four years, from the treasury of the Commonwealth to the treasurer of 
the Massachusetts Agricultural College at Amherst the sum of $10,000 to enable 
the trustees of said college to provide for the students of said institution the theo- 
retical and practical education required by its charter and the law of the United 
States relating thereto: Resolved, That annually for the term of four years eighty 
free scholarships be, and hereby are, established at the Massachusetts Agricultural 
College, the same to be given by appointment to persons in this Commonwealth 
after a competitive examination uuder rules prescribed by the president of the col- 
lege at such time and place as the senator then in office from each district shall 
designat3, and the said scholarships shall be assigned equally to each senatorial 
district; but if there shall bo less than two successful applicants for scholarships 
from any senatorial district such scholarships may be distributed by the president 
of the college equally annong the other districts as nearly as possible; but no appli- 
cant shall be entitled to a scholarship unless he shall pass an examination in 
accordance with the rules to be established as hereinbefore provided. (Approved 
June 2, 1883.) 

Ibid., 1884, Resolves, chapter 50: Appropriates $36,000 for new buildings: Pro- 
vided, hoivever, That the power of appointment of members of said board of trus- 
tees and the powers of removal defined in section 1 of chapter 220 of the acts of 
1863 shall be hereafter exercised by the governor with the advice and consent of 
the council instead of said board; and said board during the current year shall, by 
lot, divide the elected members thereof into seven classes of two members each, of 
whom one class shall vacate their office January 1, 1885, and one class on the 1st 
of January in each year thereafter, and such action shall be certified by the board 
to the governor and council, and appointments to fill the vacancies so created shall 
be made for the term of seven years. (Approved May 8, 1884.) 

Ibid., 1884, Resolves, chapter 48: Ordered, That 8,000 copies of the report of the 
board of control of the Massachusetts Agricultural Experiment Station at Amherst 
be printed. (Repealed in 1885.) 

Ibid., 1885, chapter 327: Section 1. There shall be paid out of the treasury of 
the Commonwealth to the treasurer of the board of control of the Massachusetts 
Agricultural Experiment Station at Amherst the sum of $5,000 annually, in regu- 
lar quarterly installments, for the proper maintenance of said experiment station, 
the said sum to be in addition to the amount allowed for the same purpose by sec- 
tion 6 of chapter 213 of the acts of 1882. (Approved June 15, 1885. ) 

Ibid., Resolves, chapters 65 and 66: Appropriate $51,000 for building and fur- 
nishings for college and station. 

Ibid., 1886, Resolves, chapter 34: (1) That there shall be paid annually from the 
treasury of the Commonwealth to the treasurer of the Massachusetts Agricultural 
College at Amherst the sum of $10,000, to enable the trustees of said college to 
provide for the students of said institution the theoretical and practical education 
required by its charter and the law of the United States relating thereto. (2) That 
annually the scholarships established by chapter 46 of the Resolves of 1883 be given 
and contintied in accordance with the provisions of said chapter. (Approved 
April 16, 1886.) 

Ibid., 1886, Resolves, chapter 60: Appropriates $7,000 for repairs and improve- 
ments. 

Ibid., 1887, Resolves, chapter 31: Section 1. The members of the present board 
of control of the agricultural experiment station, established at the Massachusetts 
Agricultural College in the town of Amherst, their associates and successors, are 
hereby made a body corporate under the name of the Massachusetts Agricultural 
Experiment Station, for the purpose of carrying out more fully and effectually the 
provisions of the act establishing said station, as set forth in chapter 313 of the 
acts of the year 1882 and of all acts in addition to or amendment thereof. 

Sfc. 2, Said corporation shall be constituted as provided in sections 3 and 4 of 
said chapter 312. 



60 EDUCATIOlsr EEPOET, 1903. 

Sec. 3. The duties of said corporation shall be the same as set out in sections 3 
and 5 of said chapter 212. 

Sec. 4. The payments from the treasury of the Commonwealth authorized to be 
made to the treasurer of said board of control by section 6 of said chapter 312 and 
section 1 of chapter 327 of the acts of 1885 shall, in the same manner as therein 
provided and for the same purposes, be paid to the treasurer of the corporation 
hereby created. 

Sec. 5. The said corporation shall by virtue of this act take and hold, as and for 
its property, all the property at present in the charge of said board of control, and 
is hereby further aiithorized to hold such real estate and personal property as may 
be necessary for its purposes. (Approved February 21, 1887.) 

Ibid. , 1887, chapter 212: Section 1. The Commonwealth of Massachusetts assents 
to and accepts a grant of moneys to be annually made by the United States, as set 
forth and defined in an act of Congress, designated " PiTblic No. 112, being passed 
at the second session of the Forty-ninth Congress and approved March 2, 1887, and 
upon the t^rms and conditions contained and set forth in said act of Congress." 
[See chap. Ill, of Acts 1889.] 

Sec. 2. The governor of the Commonwealth is hereby authorized and instructed 
to give due notice thereof to the Government of the United States. (Approved 
April 20, 1887.) 

Ibid., 1887, Resolves, chapter 44: That there be printed 12,000 extra copies of the 
report of the State experiment station at Amherst, the same to be bound with the 
report of the board of agriculture. (Fifteen thousand copies by chap. 15, Resolves 
of 1886.) 

Ibid., 1888, chapter 296: Every lot or parcel of commercial fertilizer or material 
used for manurial purposes, sold, offered or exposed for sale within this Common- 
wealth, the retail price of which is $10 or more per ton, shall be accompanied by 
a plainly-printed statement clearly and truly certifying the number of net pounds 
of fertilizer in the package, the name, brand, or trade-mark under which the fer- 
tilizer is sold, the name and address of the manufacturer or importer, the place of 
manufacture, and a chemical analysis stating the percentage of nitrogen or its 
equivalent in ammonia, of potash soluble in distilled water and reverted, as well 
as the total phosphoric acid. In the case of those fertilizers which consist of other 
and cheaper materials said label shall give a correct general statement of the com- 
position and ingredients of the fertilizer it accompanies. 

Sec. 2. Before any commercial fertilizer the retail price of which is $10 or more 
per ton is sold, offered, or exposed for sale, the importer, manufacturer, or party 
who causes it to be sold or offered for sale within the State of Massachusetts shall 
file with the director of the Massachusetts Agricultural Experiment Station a cer- 
tified copy of the statement named in section 1 of this act, and shall also deposit 
with said director, at his request, a sealed glass jar or bottle containing not less 
than 1 pound of the fertilizer, accompanied by an affidavit that it is a fair average 
sample thereof. 

Sec. 3. The manufacturer, importer, agent, or seller of any brand of commercial 
fertilizer or material used for manurial purposes, the retail price of which is $10 
or more per ton, shall pay for each brand, on or before the 1st day of May, annu- 
ally, to the director of the Massachusetts Agricultural Experiment Station, an 
analysis fee of $5 for each of the three following fertilizing ingredients, namely, 
nitrogen, phosphorus and potassium contained or claimed to exist in said brand or 
fertilizer: Provided, That whenever the manufacturer or importer shall have paid 
the fee herein required for any person acting as agent or seller for such manufac- 
turer or importer, such agent, or seller shall not be required to pay the fee named 
in this section; and on receipt of said analysis fees and statement specified in 
section 2 the director of said station shall issue certificates of compliance with 
this act. 

Sec. 7. The director of the Massachusetts Agricultural Experiment Station shall 
pay the analysis fees as soon as received by him, into the treasury of the station, 
and shall cause one analysis or more of each fertilizer or material used for manu- 
rial purposes to be made annually, and publish the results monthly, with such 
additional information as circumstances advise, provided such information relates 
only to the composition of the fertilizer or fertilizing material inspected. Said 
director is hereby authorized in person or by deputy to take a sample, not exceed- 
ing two pounds in weight, for analysis, from any lot or package of fertilizer or 
any material used for manurial purposes which may be in the possession of any 
manufacturer, importer, agent, or dealer; but said sample shall be drawn in the 
presence of said party or parties in interest or their representative, and taken 
from a parcel or a number of packages which shall not be less than 10 per cent of 
the whole lot inspected, and shall be thoroughly mixed and then divided into two 



liAyva KELATING TO LAND-GRANT COLLEGES. 61 

equal samples, and placed in glass vessels and carefully sealed, and a label placed 
on each stating the name or brand of the fertilizer or material sampled, the name 
of the party frora whose stock the sample was drawn, and the time and place of 
drawing, and said label shall also be signed by the director or his depiity, and by 
the party or parties in interest or their representatives present at the drawing and 
sealing of said sample; one of said duplicate samples shall be retained by the 
director and the other by the party whose stock was sampled. All parties violat- 
ing this act shall be prosecuted by the director of said station, but it shall be the 
duty of said director, upon ascertaining any violation of this act, to forthwith 
notify the manufacturer or importer in writing, and give him not less than thirty 
days thereafter in which to comply with the requirements of this act, but there 
shall be no prosecution in relation to the quality of the fertilizer or fertilizing 
material if the same shall be found substantially equivalent to the statement of 
analysis made by the manufacturer or importer. (Approved May 3, 1888.) 

Ibid., 1888, chapter 333: Section 1. Section 2 of chapter 212 of the acts of 1883 
is hereby amended so that the same shall read as follows: " The management of 
said station shall be vested in a board of control of eleven persons, of which board 
the governor shall be president es-officio, and of which two members shall be 
elected from the State board of agriculture, by said board of agriculture; two 
from the trustees of the Massachusetts Agricultural College, by said trustees; one 
from the Massachusetts Society for the Promotion of Agriculture, by said society; 
one from the Massachusetts State Grange, by said State grange; one from the 
Massachusetts Horticultural Society, by said society; and the remaining mem- 
bers shall be the president of the Massachusetts Agricultural College, the director 
of the Massachusetts Agricultural Experiment Station, and the secretary of the 
State Board of Agriculture, provided, however, that no person so elected by any 
of the above named boards or societies shall continue to be a member of said 
board of control after he has ceased to be a member of the board or of the society 
by which he was elected. The said board shall choose a secretary and treasurer. 
(Approved May 10, 1888.) 

ibid. , Resolves, 1888, chapter 66: Appropriates $19,000 for new buildings, improve- 
ments, and repairs. 

Ibid., 1889, chapter HI: Section 1. Section 1 of chapter 212 of the acts of 1887, 
is hereby amended by adding after the word " Congress " at the end of the sec- 
tion the words ' ' and the Massachusetts Agricultural College is hereby authorized 
and designated to receive said grant of money. ' ' 

Sec. 2. The governor of the Commonwealth is hereby requested to give due 
notice of this amendment to the Government of the United States. (Approved 
March 13, 1889.) 

Ibid., 1889, chapter 45: The trustees of the Massachusetts Agricultural College 
shall hereafter be allowed and paid from the treasury of the Commonwealth such 
sum as is necessary for their personal and incidental expenses incurred in the dis- 
charge of their duties, in the same manner as the trustees of other public institu- 
tions are now paid and allowed. (Approved February 18, 1889.) 

Ibid., 1889, Resolves, chapter 12: That there be paid annually, for the term of 
4 years, from the treasury of the Commonwealth to the treasurer of the Massa- 
chusetts Agricultural College at Amherst, the sum of §10,000, to be expended 
under the direction of the trustees, for the following purposes, to wit: Five thou- 
sand dollars for the establishment of a labor fund to assist needy students of said 
college, and $5,000 to provide the theoretical and practical education required by 
its charter and the law of the United States relating thereto^ The said sum shall 
be paid in equal quarterly payments. (Approved March 1, 1889.) 

Ibid., 1889, Resolves, chapter 63: That there be allowed and paid out of the 
Commonwealth a sum not exceeding $10,000, to be expended by the board of con- 
trol, for the piirpose of erecting a suitable building and stocking it, and for pro- 
viding the necessary apparatus and a greenhouse at the agricultural experiment 
station at Amherst, to enable the said board of control to establish a department 
of vegetable physiology for the purpose of investigating the diseases of plants. 
(Approved April 12, 1889.) 

Ibid., 1889, chapter 164: [Allows the printing of 5.000 copies of the report of the 
Massachusetts Agricultural College instead of 3,500, as named in a general act 
authorizing public printing of 1885, chapter 369.] 

Ibid., 1891, chapter 423: Section 1. The Commonwealth of Massachusetts hereby 
assents to the purpose of the grants of money avithorized by the act of Congress, 
said act being chapter 841 of the acts of the first session of the Fifty-first Congress 
and approved on the 30th day of August. 1890. 

Sec. 2. The Commonwealth of Massachusetts hereby accepts the annual grant 
of moneys made by the United States, as set forth and defined in said act of Con- 



62' r EDUCATION REPORT, 1903. 

gress, and the treasurer and receiver-generar of this Commonwealth is hereby 
designated to receive the same annually, to be applied by him under and for the 
purposes of said act; and the Massachusetts Institute of Technology is hereby 
authorized to receive one-third and the Massachusetts Agricultural College two- 
thirds of said grant of money, unless the courts should decide that the act of Con- 
gress granted all said money to the Massachusetts Agricultural College. 

Sec. 3. The governor of the Commonwealth is hereby authorized and instructed 
to give due notice thereof to the Government of the United States. 

Ibid., 1891, Resolves, chapter 14: That the quartermaster-general of the Com- 
monwealth be authorized to transfer to the trustees of the Massachusetts Agri- 
cultural College the following military property now in their possession, and 
loaned them by the Commonwealth, and for which they are responsible to him by 
law, to wit: One Springfield rifle, etc., being the balance of property reported on 
hand by said college, loaned under authority of chapter 8 of the Resolves of 1868. 
The quartermaster-general is hereby authorized to drop the property above men- 
tioned from his property accounts. (Approved March 6, 1891.) 

Ibid. , 1892, Resolves, chapter 19: Appropriates $10,000 annually for four years — ^ 
" $5,000 for the establishment of a labor fund to assist needy students of said col- 
lege, and $5,000 to provide the theoretical and practical education " required by law. 

Ibid., 1892, Res jlves, chapter 100: Appropriates $8,000 for new buildings. 

Ibid., 1893, Resolves, chapter 107: Appropriates $38,000 for new buildings and 
other improvements, and for insurance. 

Ibid., 1894, chapter 101: Fixes the date of making a report to the legislature on 
the first Wednesday in January. 

Ibid., 1894, chapter 143: Section 1. The Massachusetts Agricultural Experiment 
Station, located at the Massachusetts Agricultural College in Amherst, may be 
transferred to and consolidated with the experiment department of the said college 
now known as the Hatch Experiment Station, in the manner hereinafter provided. 

Sec. 2. The board of control of the said Massachusetts Agricultural Experiment 
Station, at any meeting duly called for such purpose, may, by a vote of two-thirds 
of the members present, authorize the transfer of all the rights, leases, contracts, 
and property, of every kind and nature, of said station and board, to the trustees 
of the Massachusetts Agricultural College, and the said trustees may, at any 
meeting duly called for such purpose, accept the same for said college in behalf 
of the Commonwealth, whereupon such transfer shall be made by suitable con- 
veyance ; and when such transfer shall be made the said board of control shall 
cease to exist and the said Massachusetts Agricultural Experiment Station shall 
be deemed to be a part of, and to belong to, the experiment department of said 
college, under such name as said trustees may designate. 

Sec. 3. The trustees of said college shall thereafter continue to carry on the 
experimental and other work for which the Massachusetts station was established, 
and to administer and apply all the property and funds that may be received by 
them hereunder, and by virtue hereof, for such purposes. They shall also from 
time to time print and publish bulletins containing the results of any experimental 
work and investigations, and distribute the same to such residents and newspapers 
of the Commonwealth as may apply therefor. 

Sec. 4. Nothing herein contained shall operate to affect or discontinue the 
annual appropriations and payments thereof made, and to be made, by the Com- 
monwealth for the proper maintenance of experimental work, under section 6 of 
chapter 213. acts of 1882, and section 1 of chapter 327, acts of 1885; and the pay- 
ment of said appropriations shall hereafter be made to the treasurer of the Massa- 
chusetts Agricultural College. The trustees of said college shall make or cause 
to be made annually to the general court a detailed report of the expenditure of 
all such moneys, and such further report of the annual work of the experiment 
department of the college station as the trustees of the college shall deem advis- 
able. (Approved March 22, 1894.) 

Ibid., chapter 144: Section 1. Section 1 of chapter 20 of the public statutes is 
hereby amended to read asfollows: "SectionI. The governor, lieutenant-governor, 
and secretary of the Commonwealth, the president of the agricultural college, 
the secretary of the board of agriculture, one person appointed from and by the 
Massachusetts Society for Promoting Agricultui-e, one person appointed from and 
by each agricultural society which receives an annual bounty from the Common- 
wealth, and three other iDersons appointed by the governor, with the advice and 
consent of the council, shall constitute the State board of agriculture. ' ' (Approved 
March 22, 1894.) 

Ibid., Resolves, chapter 70: Appropriates $7,000 " to provide the necessary elec- 
tric power for use in the barn and dairy school of said college, and for wiring the 
buildings of the college and providing power for lighting the same by electricity.'' 



LAWS RELATING TO LAND-GRANT COLLEGES. 6'3 

Ibid., Resolves, chapter 103: That there be allowed and paid out of the treasr 
ury of the Coinmonwealth a sum not exceeding §5,000, to be expended by the 
trustees of the Massachusetts Agricultural College in i>urchasing cattle to stock 
the farm at said college, provided, however, that the expense of selecting and 
testing said cattle shall be paid from the sum herein authorized. (Approved 
June 29, 1894.) 

Ibid., 1895, chapter 421: Section 1. The director of the Hatch experiment sta- 
tion of the Massachusetts Agricultural College shall hereaf tec have and exercise 
the powers and duties granted and imposed upon the director of the Massachu- 
setts agricultural experiment station by chapter 296 of the acts of 1888. (Approved 
May 29, 1895.) 

Ibid., 1895, chapter 57: Section 1. Section 2 of chapter 143 of the acts of 1894 
is hereby amended so as to read as follows: "Sec. 2. The said Massachusetts 
agricultural experiment station, at any meeting duly called for such purpose, 
may, by a vote of two-thirds of the members present, authorize the transfer of 
all the rights, leases, contracts, and property of every kind and nature of said 
station to the Massachusetts Agricultural College; and the trustees of said college 
may, at any meeting duly called for such purpose , accept the same for said college in 
behalf of the Commonwealth, whereupon such transfer shall be made by suitable 
conveyance, and when such transfer shall be made the said Massachusetts agri- 
cultural experiment station shall be deemed to be a part of, and to belong to, the 
experiment department of said college, under such name as said trustees may 
designate." (Approved February 15, 1895.) 

Ibid., 1895, Resolves, chapter 43: Appropriates $5,500 for entomological and 
military accommodations. 

Ibid., 1896, Resolves, chapter 98: Appropriates $13,900 for repairs and additions; 
also " from and after the 1st day of January, 1897. there shall be allowed and paid 
annually from the treasury of the Commonwealth, in accordance with chapter 
19 of the Resolves of 1892, for the term of four years, the sum of $10,000 for the 
following purposes to wit, $5,000 for the continuance of a labor fund to assist 
needy students of said college, and f5,000 to provide the theoretical and practical 
education required by its charter and the law of the United States relating there- 
to." (Approved May 15. 1896.) 

Ibid., 1897, Resolves, chapter 15: Appropriates $12,000 to be expended for water 
works and repairs, and instruction in botany. 

Ibid.. 1898, Resolves, chapter 109: Appropriates $28,000 for veterinary labora- 
tory and stable hospital, chemical apparatus and experimental dairy department. 

Ibid., 1899, Resolves, chapter 70: That there be allowed and paid Out of the 
treasury of the Commonwealth to the Massachusetts Agricultural College the sum 
of $10,000, to provide the theoretical and practical education required by its charter 
and the law of the United States relating thereto, said sum to be paid in quarterly 
installments commencing with the 1st day of January, 1899. (Approved May 2, 
1899.) 

Ibid., 1900. Resolves, chapter 50: That there be allowed and paid out of the 
treasury of the Commonwealth to the Massachusetts Agriciiltural College for the 
purpose of providing the instruction called for by its charter and by the law of 
the United States relating to the college, the sum of $8,000 annually for the term 
of four years beginning with the 1st day of January, 1900, the same to be paid 
in equal quarterly installments; and further that there be allowed and paid in the 
same manner to the said college an additional sum of $10,000 annually for the term 
of four years beginning with the 1st day of January in the year 1901; of which 
$5,000 a year shall be devoted to the purpose already stated, and $5,000 a year 
shall be used as a labor fund for the assistance of needy students of the college. 
( Approved April 1 1 , 1 900. ) 

Ibid., 1901, chapter 53: The sums hereinafter mentioned are appropriated, to be 
paid out of the treasury of the Commonwealth from the ordinary revenue, for 
the purposes specified, for the year ending on the 31st of December, 1901, to wit: 
For the Massachusetts Agricultural College, for the purpose of providing 80 free 
scholarships, the sum of $10,000. For the Massachusetts Agricultural College 
the sum of $10,000, to be expended under the direction of the trustees for the fol- 
lowing purposes, to wit: Five thousand dollars for the establishment of a labor 
fund to assist needy students of said college, and $5,000 to provide the theoretical 
and practical education required by its charter and by the laws of the United 
States relating thereto. For the Massachusetts Agricultural College, for the pur- 
pose of providing the instruction called for by its charter and by the law of the 
United States relating to the college, the sum of $8,000. For traveling and other 
necessary expenses of the trustees of the Massachusetts Agricultural College, a 
sum not exceeding $500. For a maintenance fund for the veterinary laboratory 



64 EDUCATION EEPOET, 1903. 

at the Massachusetts Agricultural College the sum of $1 ,000. (Approved February 
14, 1901.) 

Ibid., 1901, Resolves, chapter 14: Appropriates $8,500 for painting buildings, 
repairs, and equipment. 

Ibid., 1901, E-esolves, chapter 106: Appropriates $400 for purchasing band instra- 
ments. 

•Ibid., 1902, chapter 46: Appropriates $10,000 for maintenance of experiment 
station and $1,200- for collecting and analyzing samples of concentrated commer- 
cial feed stuffs. 

Ibid., 1902, chapter 66: Appropriates for the year ending December 31, 1902, like 
amounts for like purposes as appropriated in acts 1901, chapter 53. 

Ibid. , 1902, Resolves, chapter 69: Appropriates $35,000 for a central heating plant; 
$35,000 for erecting, equipping, and furnishing a dining hall, and $1,000 for the 
maintenance of the dining hall. 

Ibid., 1902. Resolves, chapter 81: Appropriates $200 for the expenses of the band 
and for the purchase of a flag for the use of the cadets. 

" Revised Laws " of Massachusetts, 1902, chapter 89: Section 1. The governor 
^d lieutenant-governor, ex officiis,the secretary of the Commonwealth, the presi- 
dent of the a'gricultural college, the secretary of the State board of agTiculture, 
one person appointed from and by the Massachusetts Society for Promoting Agri- 
culture, one person appointed fi-om and by each agricultural society which receives 
an annual bounty from the Commonwealth, and three other persons appointed by 
the governor, with the advice and consent of the council, shall constitute the State 
board of agriculture. 

Sec. 10. The board shall be a board of overseers of the Massachusetts Agricul- 
tural College, with powers and duties to be defined by the governor and council, 
"but such powers and duties shall not control the action of the trustees of said 
college or be inconsistent with the provisions of chapter 220 of the acts of 1863. 

Acts and Resolves, 1861, chapter 183: Section 1. William B. Rogers and (here 
follow the names of 20 other incorporators) their associates and successors are 
hereby made a body corporate by the name of the Massachusetts Institute of 
Technology, for the purpose of instituting and maintaining a society of arts, a 
museum of arts, and a school of industrial science, and aiding generally by suit- 
able means the advancement, development, and practical application of science in 
connection with arts, agriculture, manufactures, and commerce: with all the 
powers and privileges, and subject to all the duties, restrictions, and liabilities set 
forth in the sixty-eighth chapter of the general statutes. « 

Sec. 2. Said corporation for the purposes aforesaid shall have authority to hold 
real and personal estate to an amount not exceeding $200,000. 

Sec. 3. One certain square of State land on the Back Bay, namely, the second 
square westwardly from the Public Garden, between Newbury and Boylston 
streets, according to the plan reported by the commissioners on the Back Bay, 
February 21, 1857, shall be reserved from sale forever, and kept as an open space, 
or for the use of such educational institutions of science and art as are herein- 
after provided for. 

Sec. 4. If at any time within one year after the passage of this act the said 
institute of technology shall furnish satisfactory evidence to the governor and 
council that it is duly organized under the aforesaid charter, and has funds sub- 
scribed or otherwise guaranteed for the prosecution of its objects to an amount 
at least o^" $100,000, it shall be entitled to a perpetual right to hold, occupy, and 
control, for the purposes hereinbefore mentioned, the westerly i)ortion of said 
second square to the extent of two-thirds part thereof free of rent or charge by 
the Commonwealth, subject, nevertheless, to the following stipulations, namely: 
Persons from all parts of the Commonwealth shall be alike eligible as ntiembers of 
said institute or as pupils for its instruction, and its museum or conservatory of 
arts at all reasonable times and under reasonable regulations shall be open to the 
public; and within two years from the time when said land is placed at its dis- 
posal for occupation, filled and graded, said institute shall erect and complete a 
building suitable to its said purposes, appropriately inclose, adorn, and culti- 
vate the open ground around said building, and shall thereafter keep said grounds 
and building in a sightly condition. 

Sec. 8. [This and the following section were repealed, chapter 226, 1863.] The 
commissioners on the Back Bay are hereby instructed to reserve from sale the 
lots fronting on said stiuare on Boylston, Clarendon, and Newbury streets until 
said societies [Massachusetts Institute of Technology and Boston Society of 

a Chapter 68 of the Powers, duties, and liabilities of corporations. 



LAWS EELATING TO LAND-GEANT COLLEGES. 65 

Nahiral History] shall by inclos^^re and improvements put said square in a sightly 
and attractive condition. 

Sec. 9. Upon the passage of this act the governor, with the advice and consent 
of the council, shall appoint three disinterested persons who shall appraise the 
value of all the lands specified in the third and eighth sections of this act and 
make a return of said appraisal to the governor and council; and if, when the 
lands mentioned in section 8 shall have been sold, the proceeds of such sales shall 
not be equal to the whole amount of the appraisal above naentioned, then the 
societies named in this act shall pay the amount of such deficit into the treasury 
of the Commonwealth for the school fund in proportion to the area granted to 
them, respectively. 

Sec. 10. This act shall be null and void unless its provisions shall be accepted 
within one year by the Massachusetts Institute of Technology and the Boston 
Society of Natural History, as far as they apply to those societies, respectively, 
(Approved April 10, 1861.) 

Ibid., 1863, chapter 186: Section 1. When the Massachusetts Institute of Tech- 
nology shall have been duly organized, located, and established in conformity with 
the provisions of chapter 183 of 1861, and the extension of time granted in 1862 and 
as is hereinafter provided , there shall be appropriated and paid to its treasurer each 
year, on the warrant of the governor, for its endowment, support, and mainte- 
nance one-third part of the annual interest or income which may be received from 
the fund created under and by virtue of the act of Congress approved July 2, 1862, 
and the laws of this Commonwealth accepting the provisions thereof and relating 
to the same. 

Sec. 2. Said institute of technology, in addition to the objects set forth in its 
act of incorporation — to wit, instituting and maintaining a society of arts and a 
school of industrial science, and aiding the advancement, development, and prac- 
tical application of science in connection with arts, agriculture, manufactures, 
and commerce — shall provide for instruction in military tactics: and in considera- 
tion of this grant the governor, the chief justice of the supreme judicial court, 
and the secretary of the board of education, shall be each a member ex officio of 
the government of the institute. 

Sec, 3, Should the said corporation, at any time, cease or fail to maintain an 
institute, as and for the purposes provided in its act of incorporation, and in the 
foregoing section, the aid granted to it by the first section of this act shall be 
withheld and not paid to it. The institute shall furnish to the governor and coun- 
cil a copy of the annual reports of its operations. 

Sec. 4. This act shall be void unless the said institute of technology shall accept 
the same, and give due notice thereof to the secretary of the Commonwealth on or 
before July 1 next. (Approved April 27, 1863.) 

Ibid., 1865, chapter 220: Section 1. The Massachusetts Institute of Technology 
is hereby authorized to hold real and personal estate to an amount of which the 
clear annual income shall be $30,000, to be devoted exclusively to the purposes and 
objects set forth in its acts of incorporation and all acts in addition thereto. 
(Approved May 10, 1865.) 

Ibid., 1873, chapter 174: Section 1. Perpetual right is granted to the Massachu- 
setts Institute of Technology to hold, occupy, and control, free of rent or charge by 
the Commonwealth , for the uses and purposes of said institute, a i^arcel of land situ- 
ated in that part of Boston called the Back Bay, and described as follows: A lot in 
the form of a trapezoid, lying at the intersection of Boylston street and Htmtington 
avenue, bounded by said street and aveniie, and on the west by abutting land, as 
laid down on the selling plan of the commissioners on public lands, and containing 
13,194 square feet; said lot to be subject to the limitations and stipulations relative 
to lands of the Commonwealth on the soiith side of Boylston street, and to be 
reserved from sale forever. 

Sec. 2. The right hereby granted to said institute shall be held subject to the 
same stipulations in relation to membership, the reception of pupils, the erection 
of a building, and the care of the lot, as are created and established by the several 
acts relating to said institute. 

Sec. 3. In case said institute appropriates said lot of land to any purpose or use 
foreign to its legitimate objects, then the Commonwealth, after due notice given, 
may enter ujjon said lot and take possession thereof, and the right of the said insti- 
tute to the use, occupation, and control of said lot shall thereupon cease. (Approved 
April 8, 1878.) 

Ibid. , 1875, chapter 195: Section 1. The governor and council are hereby author- 
ized to grant to the Massachusetts Institute of Technology the right to hold, 

ED 1903 5 



66 EDUCATION REPORT, 1903. 

occnpy, and control such a parcel of land out of the lands of the Commonwealth, 
situated in that part of Boston called the Back Bay, as they shall deem a fair 
equivalent for the similar right with regard to the parcel of land granted to said 
institute by chapter 174, acts of 1873. 

Ibid., 1880, Resolves, chapter 21: That the governor be, and hereby is, author- 
ized to issue to the president of the Massachusetts Institute of Technology such 
arms and equipments for the use of the students of said institute as in his judg- 
ment may be so distributed without detriment to the militia service: Provided, 
The president and treasurer of said Massachusetts Institute of Technology shall 
give bond with suiHcient sureties for the safe-keeping and return of said arms and 
equipments in good order and condition, reasonable use excepted, whenever the 
governor shall so direct. (Approved March 11, 1880.) 

Ibid., 1887, Resolves, chapter 103: That there be allowed and paid out of the 
treasury of the Commonwealth the sum of $100,000 to the corporation of the 
Massachusetts Institute of Technology in the manner following: An installment 
of $50,000 on the 1st day of December in the present year and a final installment 
of $50,000 on the 1st day of December in the year 1888, said sums to be applied to 
the purposes of the institute; and in consideration of this grant said institute shall 
establish and maintain 20 free scholarships, and each senatorial district in this 
Commonwealth shall, once in eight years, in such alternate order as the board of 
education shall at the time of the first appointment of said scholarships determine 
by lot be entitled to one scholarship for a period of four years, to be awarded to 
such candidates as shall be found upon examination to possess the qualifications 
fixed for the admission of students to said institute, and who shall be selected 
by the board of education, i^reference in the award being given to qualified can- 
didates otherwise unable to bear the expense of tuition. In case no candidate 
appears from a senatorial district, then a candidate maybe selected from the State 
at large to fill such vacancy, who may continue to hold the scholarship annually 
until a candidate is presented from the senatorial district unrepresented, who 
shall then be awarded the scholarship for the balance of the time for which said 
district would originally have been entitled to its benefit. In case a vacancy 
occurs in any senatorial district after an appointment has been made, then a can- 
didate from the same district shall be selected for the balance of the time for 
which said district is entitled to its benefit, or in the event of no such candidate 
appearing, from the State at large, upon the conditions previously set forth: Pro- 
vided, That said coi'poration shall secure, prior to the first payment above author- 
ized, a further sum of $100,000, in addition to the funds now held by it, and to be 
applied to the purposes of the said institute, and shall present satisfactory evidence 
thereof to the auditor of the Commonwealth. (Approved June 16, 1887.) 

Ibid. , 1888, Resolves, chapter 83: That there be allowed and paid out of the treas- 
ury of the Commonwealth the sum of $100,000 to the corporation of the Massa- 
chusetts Institute of Technology, in addition to the sum authorized to be paid by 
chapter 103 of the resolves cf 1887, to be applied to the purposes of said institute, 
provided, however, that this grant is made subject to and conditional upon the 
"establishment and maintenance of the scholarships provided for by chapter 103 of 
the resolves of 1887, and provided further, that $50,000 of the aforesaid sum shall 
be paid during the year 1889 and $50,000 during the year 1890. (Approved May 
23, 1888.) 

Ibid., 1895, Resolves, chapter 70: That there shall be paid annually, for the term 
of six years, from the treasury of the Commonwealth to the treasurer of the 
Massachusetts Institute of Technology, the sum of $25,000, to be so paid and 
allowed from the 1st day of January in 1896, to be expended under the direction 
of said corporation for the general purposes of said institute. That in addition to 
the amount provided for above there shall be paid annually, for the term of six 
years, from the treasiiry of the Commonwealth to the treasurer of the Massachu- 
setts Institute of Technology, the sum of $3,000, to be so paid and allowed from 
the 1st day of January, 1896, to be expended for 10 free scholarships, under the 
direction of the State board of education, said scholarships to be awarded only to 
graduates of the Massachusetts public schools. (Approved April 17, 1895.) 

Ibid., 1896, chapter 310: Section 1. There shall be paid annually from the treas- 
ury of the Commonwealth to the treasurer of the Massachusetts Institute of Tech- 
nology, from and after the 1st day of September, 1896, the sum of $4,000. 

Sec. 2. In consideration of such payment and of the grant made by chapter 103 
of the resolves of 1887, the Massachusetts Institute of Technology shall maintain 
40 free scholarships, of which each senatorial district in the Commonwealth shall 
be entitled to one, if a candidate is presented who is otherwise unable to bear the 
expense of tuition. In case no such candidate appears from a senatorial district, 
then a candidate may be selected from the State at large to fill such vacancy, who 



LAWS RELATING TO LAND-GRANT COLLEGES. 67 

may contimie to hold the scholarship annually until a candidate is presented from 
the senatorial district unrepresented. 

Sec. 3. The scholarships shall be awarded to such pupils of the public schools 
of Massachusetts as shall be found upon examination to possess the qualifications 
fixed for the admission of students to said institute, and who shall be selected by 
the board of education, preference in the award being given only to qualified can- 
didates otherwise unable to bear the expense of tuition. 

Sec. 4. So much of chapter 103 of the resolves of 1887 as relates to State scholar- 
ships, and so much of chapter 70 of the resolves of 1895 as provides an annual 
appropriation of $2,000 for the maintenance of 10 free scholarships, are hereby 
repealed. (Approved April 27, 1896.) 

Ibid., 1897, chapter 31: Section 1. The sum of $29,000 is hereby appropriated to 
be paid out of the treasury of the Commonwealth from the ordinary revenue to 
the Massachusetts Institute of Technology. (Approved February 2, 1897.) Same 
for 1898, 1899, 1900, 1901, 1902. 

Ibid., 1898, Resolves, chapter 493: Section 1. The State board of education may 
in its discretion award that any free scholarship which either the Massachusetts 
Institute of Technology or the Worcester Polytechnic Institute is required to 
maintain under the provisions, respectively, of chapters 310 and 407 of 1896, shall 
be divided between two pupils. The scholarships so divided shall be called half 
scholarships, and neither of said institutions shall require from any pupil to whom 
a half scholarship has been awarded payment of more than one-half of the regular 
charge or fee for tuition paid by pupils not holding scholarships. (Approved 
June 2, 1898.) 

Ibid. , 1901 , Resolves, chapter 51 : That there be paid aimually for the term of ten 
years, from the treasury of the Commonwealth to the treasurer of the Massachu- 
setts Institute of Technology, the sum of $25,000, to be so paid and allowed from the 
1st day of January, 1902, and to be expended under the direction of the institute 
for the general purposes thereof. (Approved April 4, 1901.) 



MICHIGAN. 

Constittition (1850), Article IV: Sec. 40. No money shall be appropriated or 
drawn from the treasury for the benefit of any religious sect or society, theolog- 
ical or religious seminary, nor shall property belonging to the State be appropri- 
ated for any such purposes. 

Article XIII: Sec. 2. The proceeds from the sales of all lands that have been or 
hereafter may be granted by the United States to the State for educational pur- 
poses, and the proceeds of all lands or other property given by individuals or 
appropriated by the State for like purposes shall be and remain a perpetual fund, 
the interest and income of which, together with the rents of all such lands as may 
remain unsold, shall be inviolably appropriated and annually applied to the spe- 
cific objects of the original gift, grant, or appropriation. 

Sec. 11. The legislature shall encourage the promotion of intellectual, scien- 
tific, and agricultural improvement; and shall, as soon as practicable, provide 
for the establishment of an agricultural school. The legislature may appro- 
priate the twenty-two sections of salt spring lands now unappropriated, or the 
money arising from the sale of the same, where such lands have been already sold, 
and any land which may hereafter be granted or appropriated for such purpose, 
for the support and maintenance of such school , and may make the same a branch 
of the university for instruction in agriculture and the natural sciences connected 
therewith, and place the same under the supervision of the regents of the 
university. 

[The following matter is taken from "The Compiled Laws of the State of Michigan, 1897, by- 
Lewis M. Miller," 3 vols, and index, Lansing, 1899.] 

Sec. 1834. A board is hereby constituted and established which shall be known 
imder the name and style of the ''State board of agriculture." It shall 
consist of six members besides the governor of the State and the president of the 
State Agricultural College, who shall be ex-oificio membars of the board. The 
governor, by and with the consent cf the senate, on or before the third Wednesday 
of January of each biennial session, shall appoint two suitable persons to fill the 
vacancies that shall next occur, which vacancies shall be so filled that at least one- 
half the members shall be practical agriculturists. 

Sec. 1835. The State board of agriculture shall be a body corporate, capable in 
law of suing and being sued, of taking, holding, and selling XJersonal and real 



68 EDUCATION EEPOET, 1903. 

estate, of contracting and being contracted with, of having and using a corporate 
seal, and of causing to be done all things necessary to carry out the provisions of 
this act. 

Sec. 1836. Any vacancy in the said board caused by death, resignation, or 
removal from the State may be filled by a majority of the members. A majority 
shall be a quorum for the transaction of business. The members of the board 
shall receive no per diem compensation for their services, but shall be paid their 
traveling and other expenses vphile employed on the business of the board. 

Sec. 1837. They shall meet quarterly at stated times at the State Agricultural 
College, and may meet at such other times and places as they may determine. 

Sec. 1838. At their first meeting the members shall choose one of their number 
as president of their own board. 

Sec. 1839. At their first meeting, or as soon after as a competent and suitable 
person can be obtained, they shall choose a secretary of the board. If chosen from 
their own number, a vacancy shall be thus created in the board. A treasurer 
shall also be chosen, at their first meeting, who mayor may not be from the mem- 
bers of their board, as they shall determine. They shall take such bonds from 
the secretary and treasurer as shall be deemed adequate to secure the faithful per- 
formance of their duties by those respective officers. The secretary and treasurer 
shall be chosen biennially and shall hold their ofiices for two years from the last 
Wednesday of February, or till their successors are chosen. 

Sec. 1840. The board shall direct the disposition of any moneys appropriated to 
the State Agricultural College. 

Sec. 1841. The secretary of the board shall reside at or near the agricultural 
college, and keep his ofiBce at the city of Lansing in the State buildings, or at the 
institution, as the board shall direct. It shall be his duty to keep a record of the 
transactions of the State board of agriculture and of the State Agricultural College 
and farms, which shall be open at all times to the inspection of any citizens of this 
State. He shall also have the custody of all books, papers, documents, and other 
property which may be deposited in his office. [Here follows a long enumeration 
of duties not strictly appertaining to the agricultural college but rather to the 
agricultural and horticultural interests of the State.] 

Sec. 1843. The secretary shall receive as a compensation for his services a salary 
of $1,000 per annum, to be paid quarterly from the State treasury, in the same 
manner as is provided by law for the payment of the salaries of State officers. 

Sec. 1844. The State agricultural school, established by an act, No. 130,1855, in 
obedience to section 11, article 13, of the constitution, shall be known by the name 
and style of " The State Agricultural College." The design of the institution, in 
fulfillment of the injunction of the constitution, is to afford thorough instruction in 
agriculture and the natural sciences connected therewith. To effect that object 
most completely the institution shall combine physical with intellectual education 
and shall be a high seminary of learning in which the graduate of the common 
school can commence, pursue, and finish a course of study terminating in thorough 
theoretic and practical instruction in those sciences and arts which bear directly 
upon agriculture and kindred industrial pursuits. 

Sec. 1845. [Amended by act No. 202, 1901, q. v.] No stiident shall be admitted 
to the institution who is not fifteen years of age and who does not pass a satisfac- 
tory examination in arithmetic, geography, grammar, reading, spelling, and pen- 
manship. 

Sec. 1846. The course of instruction shall embrace the English language and lit- 
erature, mathematics, civil engineering, agriciiltural chemistry, animal and vege- 
table anatomy and physiology, the veterinary art, entomology, geology, and such 
other natural sciences as may be prescribed, technology, political, raral, and house- 
hold economy, horticulture, moral philosophy, history, bookkeeping, and especially 
the application of science and the mechanic arts to practical agriculture in the 
field. 

Sec. 1847. A full course of study in the institution shall embrace not less than 
four years. The State board of agriculture may institute winter courses of lec- 
tures for others than students of the institution under necessary rules and regu- 
lations. 

Sec. 1848. The academical year shall consist of not less than nine calendar 
months. This academical year may be divided into such terms by the State board 
of agriculture as, in their jiidgment, will best secure the objects for which the 
college was founded. The board may at any time temporarily suspend the college 
in case of fire, the prevalence of fatal diseases, or of other unforeseen calamity. 

Sec. 1849. Three hours of each day shall be devoted by every student of the col- 
lege to labor upon the farm, and no person shall be exempt except for physical 
disability. By a vote of the beard of agriculture, at such seasons and in such exi- 



LAWS RELATING TO LAND-GRANT COLLEGES. 69 

gencies as demand it, the hours of labor may be increased to four hours or dimin- 
ished to two and one-half hoiirs. 

Sec. 1850. The State board of agriciilture shall be vested -with discretion to 
charge tuition or not, as they may deem most conducive to the interests of the 
institution, unless acts of the legislature making apjjropriations shall otherwise 
direct. The board may make discriminations in regard to tuition between students 
from this State and from other States. One-third of the tuition charged for the 
academic term, shall be paid in advance and shall be forfeited in case the student 
abandons the institution. 

Sec. 1851, The State board of agriculture shall have the general control and 
supervision of the State Agricultural College, the farm pertaining thereto, and 
the lands which may be vested in the college by State legislation; of all appropri- 
ations made by the State for the support of the same, and also the management 
of any lands that may hereafter be donated by the General Government to this 
State in trust for the promotion of agricultvire and indtistrial pursuits. The board 
shall have plenary power to adopt all such ordinances, by-laws, and regulations 
not in conflict with this act, as they may deem necessary to secure the successful 
operation of the college and promote its designed objects. 

Sec. 1852. It shall be the duty of the State board of agriculture to choose a presi- 
dent of the State Agricultural College before the commencement of the next term 
of the institution; they shall then proceed to choose such professors, tutors, and 
employees as the necessities of the institution demand. In case of vacancy in the 
office of president, or in case a suitable man can not be selected, the president of 
the State board of agriculture or such member of the board as shall be designated 
by them shall be president pro tem. of the college, who shall receive such com- 
pensation for his services as the board shall determine. 

Sec. 1853. The board shall fix the salaries of the president, professors, and 
other employees, and prescribe their respective duties. The board may remove 
the president or subordinate officers and supply all vacancies. 

Sec. 1854, The board shall have power to regulate the course of instruction and 
prescribe, vnth the advice of the faculty, the books to be used in the institution, 
and also to confer for similar or equal attainments similar degrees or testimonials 
to those conferred by the University of Michigan. 

Sec. 1855 [as amended by laws, 1901, No, 203], The president, professors, farm 
manager, and tutors shall constitute the faculty of the State Agricultural Col- 
lege, The president of the college shall be the president of the faculty, and the 
faculty shall select one of their own number to act as secretary of the faculty. 

Sec, 1856. The faculty shall pass all needful rules and regulations necessary to 
the government and discipline of the college, regulating the routine of labor, study, 
meals, and the duties and exercises, and all such rules and regulations as are nec- 
essary to the preservation of morals, decorum, and health. 

Sec. 1857. The faculty shall have charge of the laboratories, library, and muse- 
ums of the institution. 

Sec. 1858. The faculty shall make an annual report by the first Wednesday of 
December of each year to the State board of agriculture, signed by the president 
and secretary, containing such information and recommendations as the welfare 
of the institution in their opinion demands. Any members of the faculty may 
make a minority report if they disagree with the conclusions of the majority, 
which the faculty shall communicate to the board. No communication at any 
other time, from members of the faculty, shall be entertained by the board, unless 
they have been submitted to a meeting of the faculty and sanctioned by a majority. 

Sec, 1859, The president shall be the chief executive officer of the State Agricul- 
tural College, and it shall be his duty to see that the rules and regulations of the 
State board of agriculture and the rules and regulations of the faculty be observed 
and executed. 

Sec. 1860. The subordinate officers and employees not merabers of the faculty 
shall be under the direction of the president, and, in the recess of the board, 
removable at his discretion, and he may supply vacancies that may be thus or 
otherwise created; his action in these respects shall be submitted to the approval 
of the State board of agriculture at their next meeting. 

Sec. 1861. The president may or may not perform the duties of a professor, as 
the State board of agriculture shall determine. If he performs the duties of a 
professor, or in case the duties of president are exercised by a president pro tem,, 
a superintendent of the farm may be appointed, who shall have the general super- 
intendence of the business pertaining to the farm, the land, and other property 
of the institution and who shall be a member of the faculty. 

Sec, 1862, The president and secretary, together with the superintendent of the 
farm, if there be one, and in case there is not one, then one of the professors, to 



70 EDUCATION EEPOET, 1903. 

be elected by tile faculty, shall constitute a committee to fix the rate of wages 
allowed to students and rate of board. In assessing the board, it shall be so 
estimated that no profit shall be saved to the institution and as near as possible 
at the actual cost. The rate of wages allowed and the rate of charge for board 
shall, if practicable, be submitted to the State board of agriculture before they 
take effect. 

Sec. 1863. For current expenditures at the State Agricultural College specific 
sums shall be set aside, in the hands of their treasurer, by the State board of 
agriculture, which shall be subject to the warrants of the president of the college, 
countersigned by the secretary of the board. All moneys due to the institution 
or received in its behalf shall be collected and received by the secretary and 
deposited by him with the treasurer of the State board of agriculture. The 
secretary shall, with his anniial report, render a full and complete account of all 
moneys received and all warrants drawn on the treasurer, as secretary of the 
college, and shall file and preserve all vouchers, receipts, correspondence, or other 
papers relating thereto. 

Sec. 1864. The superintendents of the farm, horticultural, and other depart- 
ments, the curators of the museums, and each of the professors, shall make a 
written and detailed report of the workings of their several departments annually 
to the president of the college, which said reports shall be kept on file in the office 
of the secretary of the State board of agriculture. Agricultural operations on the 
farm shall be carried on experimentally. Careful experiments shall be made 
anntially in field crops, in keeping, feeding, and fattening stock, and the prepara- 
tion and application of barnyard and commercial manures, and a detailed account 
of them shall be published in the annual reports of the board. The college shall 
serve also as an experimental station, making trial from time to time of new varie- 
ties of fruits, grains, and vegetables. The reports shall contain an account of the 
management of all the several fields, pastures, orchards, and gardens of the col- 
lege, as designated by permanent names or numbers, and shall give an account of 
the preparation and enriching of the land, the planting, cultivation, harvesting, 
and yield of the crops and disposition of the same; the management of the stock, 
with a careful comparison of the cost of keeping, growth, and profit of the several 
breeds kept on the farm; also an account of the students' labor, specifying the 
amount used in each of the. several departments of the college, with other details, 
in such a way that the reports as issued from year to year shall contain a con- 
tinuous history of the college, farm, and garden: Provided, That the State board 
of agriculture shall deem the same practicable or advisable. 

Shc. 1865. All the swamp lands granted to the State of Michigan by act of Con- 
gress approved September 28, 1850, situate in the townships of Lansing and Me- 
ridian, in the county of Ingham, and Dewitt and Bath, in the county of Clinton, of 
which no sale has been made, or for which no certificates of sale have been issued 
by the commissioner of the land office, are hereby granted and vested in the State 
board of agriculture and placed in the possession of the State Agricultural College 
for the exclusive use and benefit of the institution, subject only to the provisions 
relating to drainage and reclamation of the act of Congress donating the same to 
the State. 

Sec. 1866. The State board of agriculture shall have authority to sell and dispose 
of any portions of the swamp lands mentioned in the preceding section of this act 
and use the same, or the proceeds thereof, for the purpose of draining, fencing, 
or in any manner improving such other portions of said lands as it may be deemed 
advisable to bring under a high state of cultivation for the promotion of the objects 
of the State Agricultural College. The terms and the conditions of the sale of the 
portions of the above-described lands thus disposed of shall be prescribed by the 
State board of agriculture, and deeds of the same, execiited and acknowledged in 
their official capacity by the president and secretary of the State board of agricul- 
ture, shall be good and valid in law. 

Sec. 1867. David Carpenter [and 5 other persons] are hereby constituted and 
appointed the first State board of agriculture. At their first meeting, which the 
governor of the State is hereby authorized and directed to call at as early a day as 
practicable, they shall determine by lot their several periods of service, 3 of whom 
shall serve for two years, 2 of whom shall serve for four years, and 2 of whom 
shall serve for six years, respectively, from the third Wednesday of January last 
past, when they are superseded by appointments in accordance with the provisions 
of section 1834, or until their successors are chosen. 

Sec. 1868. That the State board of agriculture be, and they.are hereby, author- 
ized to provide from time to time in bulletin form, for the dissemination among 
the people of this State and through the medium of the public press, the results of 
experiments made in any of the different departments of the agricultural college 



LAWS EELATING TO LAND-GEANT COLLEGES. 7l 

and sticli other information that they may deem of stifficient importance to require 
it to come to the immediate knowledge of the farmers and hortictilturists of the 
State. 

Sec. 1869. The several professors of chemistry, zoology, botany, agriculture, 
horticulture, and veterinary science shall each, at least tvs^ice in each year, not 
excluding the president and other professors, prepare for publication an article 
embracing such facts as they may deem of public importance, a copy of vs^hich 
shall be simultaneously sent to each and every newspaper published in the State, 
and to such persons as the State board of agriculture may think proper; said pro- 
fessors to so arrange that at least one of said articles shall be sent out, as above 
provided, the first week of each and every month in each and every year. 

Sec. 1870. The board of State auditors shall, upon the approval of the State 
board of agriculture, audit the accounts for printing, stationery, and postage 
incurred in the publishing and disseminating of said bulletins, and the same shall 
be paid out of the general fund: Provided, That no account for printing the same 
in any newspaper shall be allowed. 

Sec. 1871. The legislative assent required by section 9 of act of Congress approved 
March 3, 1887, being an act "to establish agricultural experiment -stations," is 
hereby given, and the moneys thereby given are accepted under the conditions and 
terms in said act named. 

Sec. 1873. The moneys derived by authority of said act shall be exclusively used 
in support of the department designated as "an agricultural experiment station" 
in connection with the State Agricultural College of Michigan. 

Sec. 1873. The legislative assent required by section 3 of act of Congress approved 
August 30j 1890, is hereby given, and the moneys thereby given are accepted under 
the conditions and terms in said act named. 

Sec. 1874. The moneys derived by authority of said act shall be used exclusively 
in support of the State Agricultural College of Michigan. 

Sec. 1875. In addition to the course of instruction already provided for by law 
for the agricultural college of this State, there shall be added military tactics and 
military engineering. 

Sec. 1876. The State board of agriculture are hereby authorized and required 
to make such additional rules and regulations for the government and control of 
the agricultural college as may be necessary to carry into effect the provisions of 
section 1875. 

Sec. 1877. The State board of agriculture shall, by and with the advice and con- 
sent of the governor, the adjutant-general, and quartermaster-general, procure, at 
the expense of the State, all such arms, accoutrements, books, and instruments, 
and appoint such additional professors and instructors as, in their discretion, may 
be necessary to carry into effect the provisions of this act: Provided, That nothing 
in this act shall be construed to authorize the incurring of any indebtedness against 
the State, or the expendittire of money beyond the appropriations made to the 
agricultural college. [By act No. 165 of 1883 the quartermaster-general is ' ' author- 
ized, with the advice and consent of the military board, to deposit with the State 
board of agriculture, at the agricultural college, aims and accoutrements for the 
use of said college." ] 

Sec. 1878. The State board of agriculture is hereby authorized to hold institutes 
and to maintain courses of reading and lectures for the instruction of citizens of 
this State in the various branches of agriculture and kindred sciences. The said 
board shall formulate such rules and regulations as it shall deem proper to carry 
on the work contem.plated in this act, and may employ an agent or agents to per- 
form such duties in connection therewith as it shall deem best. 

Sec. 1879. When 80 or more persons, residents of any county in this State, organ- 
ize themselves into a society to be called " The County Farmers' Institute 

Society," for the purpose of teaching better methods of farming, stock raising, 
fruit culture, and all the branches of business connected with the industry of agri- 
culture, and adopt a constitution and by-laws agreeable to rules and regulations 
furnished by the State board of agriciilture, and when such society shall have 
elected such proper officers and performed such other acts as may be required by 
the riiles of said board, such society shall be deemed an institute society in the 
meaning of this act: Provided, That not more than one such institute society in 
any county shall be authorized by this act: And provided further, That any exist- 
ing organization approved by the board of agriculture shall be considered a legally 
organized institute society under the terms of this act. 

Sec. 1880. In each county where an institute society shall be organized and main- 
tained under the provisions of this act the State board of agriculture shall hold 
one annual institute at such place in the county and at such time as said board 
may deem expedient and shall furnish for the institute a lecturer or lecturers with 



72 EDTJCATIOlSr EEPORT, 1903. 

all expenses paid. The county institute society shall provide a suitable hall for 
the institute, furnish fuel and lights, and pay other local expenses, and shall pro- 
vide speakers vp-ho shalL occupy one-half the time of the institute that is given 
to set addresses: Provided, That upon the request of any institute society which 
desires to conduct its own institute and to employ lecturers from outside of the 
county in lieu of lecturers sent "by the State board of agriculture, the said board 
may, in its discretion, grant to the society from the institute fund money not to 
exceed $25, said money to be expended by the society entirely in payment of serv- 
ices and expenses of said lecturers. 

Sec. 1881. The State board of agriculture is further authorized to hold a num- 
ber of one-day institutes in stich counties as it may deem expedient. Also, if the 
funds appropriated by this act permit, the same board may hold a number of four- 
day institutes at such places and times as said board may determine, at which the 
primary object shall be to furnish a school of instruction in practical agriculture 
and kindred sciences. 

Sec. 1882. The State board of agriculture shall maintain the course of reading 
known as " The Farm Home Reading Circle," and may expend from the moneys 
appropriated by this act a sum not to exceed $200 for each of the two years for 
which the appropriation is made for the maintenance and extension of said course. 

Sec. 1441. The money received from the sale of said lands [granted by act of 
CJongress of July 2, 1862] shall be paid into the State treasury and shall be placed 
in the general fund, but the amount thereof shall be placed to the credit of the 
agricultural college fund upon the books of the auditor-general, and the annual 
interest thereon, computed at 7 per cent, shall be regularly applied under the direc- 
tion of the State board of agriculture to the support and maintenance of the State 
Agricultural College, where the leading object shall be — without excluding other 
scientific and classical studies, and including military tactics — to teach such 
branches of learning as are related to agriculture and the mechanic arts, in order 
to promote the liberal and practical education of the industrial classes in the sev- 
. eral pursuits and professions of life. 

Sec. 1442. The State board of agriculture shall, from time to time, in their discre- 
tion, as they may deem necessary to protect the best interests of the State, cause the 
lands under their care to be examined and their value and condition ascertained. To 
this end they may appoint one or more agents, who shall make careful, personal 
examination of the lands which they are appointed to examine and report fully as 
to their character, value, and condition at the time of such examination, and in 
case any of said lands have been trespassed upon and their value deteriorated 
thereby, the agent examining such lands shall carefully estimate and reportthe 
amount and character of timber probably cut and removed, the date of the cutting, 
and, if possible, by whom or for whom the cutting was done. Upon receiving such 
reports of examination, the State board of agriculture shall consider them, and if, 
in the opinion of the board, the best interests of the State would be promoted by 
changing the price or terms of sale of any or of all the lands concerned, the said 
board may alter by reducing or advancing the price per acre or the conditions of pay- 
ment : Provided , That not less than 25 per cent of the purchase money shall be paid at 
the time of purchase. And when the price and terms are so fixed the said board 
shall fix the time v/hen the change, if any be made, will take effect, and cause the 
same to be published. 

Sec. 1443. The said State board of agriculture shall certify from time to time 
to the auditor-general the amounts required for the services and expenses of 
examining agents, and for such other expenses as may be necessary for the proper 
care and disposition of said lands, and the auditor-general shall draw his warrant 
upon the State treastirer for the amouuts thus certified, and the State treasurer 
sliall pay the same out of the general fund. All contracts and certificates of said 
board shall be signed by the chairman and coimtersigned by the secretary of the 
State board of agriculture. 

Sec. 1444. In the sale of lands the principal value of which consists in the 
timber the commissioner of the State land office shall reqiiire the payment of 
the entire amount of purchase money at the time of purchase, or such portion 
of the same above one-fourth as he may deem for the best interest of the State. 
Sec. 4791. The superintendent of public instruction shall prepare for district 
schools a course of study, comprising the branches now required for third-grade 
certificates, which shall be known and designated "the agricultural college 
course," and upon the satisfactory completion of this course of study, as evi- 
denced by a diploma or certificate, duly signed by the county commissioner of 
schools, pupils shall be admitted to the freshman class of the agricultural college 
without further examination. It shall be the duty of the secretary of the agri- 
cultural college each year to send to each rural school district in the State a 



LAWS RELATIlSrG TO LAISTD-GRAlsrT COLLEGES. 73 

college catalogtie, and upon application to furnish to such schools such other 
information as may be desired relative to said college. Such catalogue and other 
information shall be kept in each school for reference. 

Sec. 1522. It shall be the duty of said board to catise ample materials to be 
collected for the illustration of every department of the geology and mineralogy 
of the State, and to label, aiTange, and prepare the same for exhibition in suita- 
ble cases in the museums of the State university, agricultural college, and State 
normal school, and in each of the incorporated colleges of the State, and in a 
room in connection with the State library. 

Public Acts, 1899, No. 108:. Appropriates for 1900 and 1901, $132,000 for build- 
ings, equipment, repairs, and stiidents' labor. 

Ibid., 1899, No. 250: Any five or more persons of full age residing in the State 
of Michigan may associate and incorporate themselves together for the purpose 
of establishing loan-funds for the benefit of scholars and students of this State, 
to assist them to attend the University of Michigan, the Michigan State Agricul- 
tural College, etc. [Approved June 15, 1899.] 

Ibid., 1901, No. 144: Section 1. The township board of any township, not hav- 
ing within its limits an incorporated village or city, upon the petition of not less 
than one-third of the taxpayers of svtch township for the establishment of a rural 
high school, shall submit such question to a vote of the qualified electors of said 
township at a special election called for that purpose within sixty days from date 
of receipt of said petition. 

Sec. 3. If more votes are cast in favor of such high school than against it at such 
election, the qualified electors of said township shall elect at their next annual 
election of township officers a board of trustees of three members. * * * The 
township clerk shall be ex oflScio member and the clerk of the board, and the 
township treasurer shall be ex of&cio member and treasurer of the board, with the 
same power as other members of the board. 

Sec. 4. * * * The board shall have power * * * (g) to provide a course 
of study which shall be approved by the supei*intendent of public instruction and 
the president of the Michigan Agricultural College, and shall not consist of more 
than four years' work. Said course of study may include instruction in manual 
training, domestic science, nature study, and the elements of agriculture. 
[Approved May 21, 1901.] 

Ibid., 1901, No. 282: There shall be assessed in the year 1901 and each year 
thereafter, upon the taxable property of the State as fixed by the State board of 
equalization in the year 1901 and each five years thereafter, for the use and main- 
tenance of the Michigan Agricultural College, the Upper Peninsula Experiment 
Station, and such other experiment stations as have been established, the sum of one- 
tenth of a mill on each dollar of said taxable property, provided that not more 
than $100,000 shall be assessed in any one year. The State board of agriculture 
shall make an annual report to the governor of the State of all the receipts and 
expenditures of the Michigan Agricultural College, the Upper Peninsula Experi- 
ment Station, and such other experiment stations as have been established. 

Sec. 2. Any amount standing to the credit of the college in the agrlcultui'al 
college interest fund, June 30, 1901, may, in the discretion of the Michigan State 
board of agriculture, be used for building or other extraordinary expenses, and 
any amount raised by this act in excess of the amount needed for current expenses 
during any fiscal year may be used for building and other extraordinary purposes 
in the discretion of the said board: Provided, That no building or other extraor- 
dinary outlay shall be commenced until the accumulation under this act is suffi- 
cient to complete the building or other extraordinary undertaking: Provided, 
That the Michigan State board of agriculture shall maintain at all times a suffi- 
cient corps of instructors in all the courses of study of the agricultural college, 
the same being known as the agriciiltural department, the mechanical depart- 
ment, and the woman's department; shall support and maintain the Upper 
Peninsula Experiment Station and such other experiment stations as have been 
established, including the printing and binding of all bulletins as at present pro- 
vided by law, and shall make a fair and equitable division of the funds provided 
by this act in accord with the wants and needs of said courses of study and said 
experiment station as they shall become apparent. Shoiild the State board of 
agriculture fail at any time to maintain any of said departments as herein pro- 
vided, the terms of this act shall be suspended until further action by the legis- 
lature. 

Sec. 3. The State board of agriculture is hereby authorized to hold institutes 
and to establish and maintaiia courses of reading and lectures for instruction in 
the various branches of agriculture, mechanic arts, domestic economy, and the 
related sciences, which courses of reading, instruction, and lectures shall be con- 



74 ■ EDUCATION REPORT, 1903. 

ducted, governed, and controlled by act No. 137 of 1899, providing for the same: 
Provided, That not less than $7,500 shall be expended annually for the purposes 
provided in said act; but the number of one-day institutes shall be determined by 
said State board of agriculture. 

Sec. 4. The appropriation made by the provisions of this act shall be paid out 
of the general fund in the State treasury to the treasurer of the Michigan State 
board of agriculture at such times and in such amounts as the general account- 
ing laws of the State prescribe, and the disbursing officer shall render his accounts 
to the auditor-general thereunder. 

Sec, 5. Whenever the Michigan State board of agriculture contemplates expend- 
ing any portion of the surplus accumulated under this act for any building or 
any system of sewerage, ventilation, or heating, x)lans shall be submitted to the 
State board of corrections and charities, as required by section 2329, Compiled 
Laws of 1897. Btit whenever the surplus is used for any other special purpose 
the board shall certify to the auditor-general the purpose and amount set aside for 
the same. [Approved June 6, 1901.] 



MINNESOTA. 

Constitution, Article VIII: Sec. 2. * * * The principal of all funds derived 
from sales of swamp lands, as aforesaid, shall forever be preserved inviolate and 
undiminished. One-half of the proceeds of said principal shall be appropriated to 
the common school fund of the State. The remaining one-half shall be appropri- 
ated to the educational and charitable institutions of the State in the relative rates 
of cost to support said institutions. (Added November 8, 1881. ) 

Sec. 3. But in no case shall the moneys derived as aforesaid, or any portion 
thereof, or any public moneys or property, be appropriated or used for the sup- 
port of schools wherein the distinctive doctrines, creeds, tenets of any particular 
Christian or other religious sect are promulgated or taught. (Adopted Novem- 
ber 6, 1877.) 

Sec. 4. The location of the University of Minnesota, as established by existing 
laws, is hereby confirmed, and said institution is hereby declared to be the Uni- 
versity of the State of Minnesota. All the rights, immunities, franchises, and 
endowments heretofore granted or conferred are hereby perpetuated unto the said 
university, and all lands which may be granted hereafter by Congress or other 
donations for said university purposes shall vest in the institution referred to in 
this section. 

[The following matter is taken from "The general statutes of the State of Minnesota, as 
amended by subsequent legislation, with which are incoi-porated all general laws of the State, 
in force December 31, 1894, compiled and edited by Henry B. Wenzell." 2 vols., St. Paul, 1894.] 

Sec. 4020. The State of Minnesota hereby accepts the grants of money made to it 
by an act of the Congress of the United States approved Augus't 80, 1890, and assents 
to the purpose of said grants as in said act set forth. 

Sec. 4021. All lands donated to the State of Minnesota for the purpose of pro- 
viding colleges for the benefit of agriculture and the mechanic arts under the act 
of Congress approved July 2, 1862, shall be appraised and sold, and the moneys 
arising therefrom shall be invested in the same manner as is provided by law for 
the appraisement and sale and investing the moneys of school lands under the 
provisions of the foregoing title, except that there shall be written on the bonds, 
" Bonds of the agricultural college of Minnesota, transferable only upon the order 
of the governor:" Provided, That no such lands shall be sold for a less sum than 
$5 per acre, nor for less than the appraised value thereof: Provided, That all the 
provisions of lavv^ relating to the taxation of school lands and the rights of pur- 
chasers at any forfeited tax sale of such lands, as provided by law, shall apply to 
all sales of lands made under the provisions of this title. 

Sec. 4022. All moneys derived from the sale of the lands aforesaid shall be 
invested in stocks of the United States or of this State yielding not less than 4^ per 
cent upon the par value of said stock, and the moneys so invested shall constitute 
a perpetual fund, the capital of which shall remain forever undiminished, and the 
interest of which shall be inviolably appropriated to the endowment, support, and 
maintenance of at least one college where the leading object shall be, without 
excluding other scientific and classical studies and including military tactics, to 
teach such branches of learning as are related to agriculture and the mechanic 
arts, in such manner as may hereafter be prescribed, in order to promote the lib- 
eral and practical education of the industrial classes in the several pursuits and 
professions of life. 



LAWS RELATING TO LAND-GRANT COLLEGES.^ 75 

Sec. 4023, If any portion of the fund invested, as provided by the foregoing sec- 
tion, or any portion of the interest thereon shall by any action or contingency be 
lost it shall be replaced by the State, so that the capital of the fund shall forever 
remain undiminished, and the annual interest shall be regularly applied without 
diminution to the purposes mentioned in the preceding section, except that a sum 
not exceeding 10 per centum upon the amount received may be expended for the 
purchase of lands for sites or experimental farms whenever authorized by the 
legislature. 

Sec. 4024. No portion of such fund nor the interest thereon shall be applied, 
directly or indirectly, under any pretense whatever, to the ptirchase, erection, pres- 
ervation, or repair of any building. 

Sec. 4025. The purchase of 4^- per cent bonds heretofore made with the proceeds 
of sales of agricultural college lands is hereby legalized. 

Sec. 4026. All lands donated to the State of Minnesota by the United States by 
act of Congress entitled " An act donating to the States of Minnesota and Oregon 
certain lands reserved by Congress for the Territories of Minnesota and Oregon 
for university purposes," approved March 2, 1861, and an act of Congress enti- 
tled " An act donating public lands to the several States and Territories which 
may provide colleges for the benefit of agriculture and the mechanic arts," 
approved July 2, 1862, and any part or portion of such lands, upon the written 
request of the board of regents of the University of Minnesota to the commis- 
sioner of the State land office, shall be appraised and sold, and the minimum price 
thereof shall be the same, and permits for the cutting of timber thereon, and 
upon any part of the same, shall be granted, and the minimum price of such 
timber be fixed, and the right to cut grass and gather cranberries and make maple 
sugar thereon, or upon any part of the same, shall be sold, and all moneys arising 
therefrom, except as hereinafter provided, shall be invested and a full record 
thereof shall be kept, and a report thereof shall be made annually to the legisla- 
ture, and all trespassers upon said lands, or any of the same, shall be prosecuted, 
by the same ofiicer or officers, respectively, and in the same manner in every 
respect as is now provided bylaw respecting school lands; except that there shall 
be written on the bonds purchased " Bonds of the University of Minnesota, trans- 
ferable only upon the order of the governor;" and siich officers, respectively, shall 
have the same powers and perform the same duties as are provided by law 
respecting such school lands. And the proceeds of the sale of such lands above 
mentioned, when so invested, shall constitute a permanent fund, and the same 
shall be called the university fund; and there shall be and is hereby inviolably 
appropriated and placed at the disposal of the board of regents of the University 
of Minnesota, to be drawn from the State treasury in the same manner as the 
interest and increase of the fund derived from the sales of lands granted to the 
State of Minnesota by act of Congress approved July 2, 1862, as now provided by 
law, all of the interest and increase of stich university fund; and also all the 
proceeds of the sales of such timber and grass. 

Sec. 4027. Nothing in this act contained shall in any way modify or affect the 
powers conferred by or the provisions of an act to reorganize and provide for the 
government and regulation of the University of Minnesota, and to establish an 
agricultural college therein, approved February 19, 1868. 

Sec. 3902. The object of the University of Minnesota, established by the con- 
stitution, at or near the Falls of St. Anthony, shall be to provide the means of 
acquiring a thorough knowledge of the various branches of literature, science and 
the arts, and such branches of learning as are related to agriculture and the 
mechanic arts, including military tactics and other scientific and classical studies. 

Sec. 3903. There shall be established in the University of Minnesota five or more 
colleges or departments — that is to say, a department of elementary instruction; 
a college of science, literature, and the arts; a college of agriculture, including 
military tactics; a college of the mechanic arts; a college or department of law, 
and also a college or department of medicine. The department of elementary 
instruction may be dispensed with at such rate and in such wise as may seem just 
and proper to the board of regents. 

Sec. 3904 [as amended by General Laws, 1895, chap. 15] . The government of the 
university shall be vested in a board of 13 regents, of which the governor of the 
State, the State superintendent of public instruction, the president of the univer- 
sity, and the honorable John Sargent Pillsbury, for and during his good pleasure 
as an honorary member, having the same power as any other member, shall be 
members ex officio, and the nine remaining members thereof shall be appointed by 
the governor, by and with the advice and consent of the senate. Whenever a 
vacancy therein occurs for any cause the same shall be filled for the unexpired 
term, in the same manner. After the expiration of the term of the members of the 



76 EDUCATIOIT EEPOET, 1903. 

present board of regents, their successors shall be appointed in like manner, and 
shall hold their ofBce for the full term of six years from the first Wednesday of 
March succeeding their appointments and until their successors are appointed and 
qualified. The president of the university shall be ex officio the corresponding 
secretary of the board of regents. 

Sec. 3905. The regents of the university shall constitute a body corporate under 
the name and style of " University of Minnesota," and by that name may sue and 
be sued, contract and be contracted with, make and use a common seal, and alter 
the same at pleasure. A majority of voting members shall constitute a quorum 
for the transaction of business, and a less number may adjourn from time to time. 

Sec. 3906. The board of regents shall elect from the members of the board a 
president of the board. They shall also elect a recording secretary and a treas- 
urer who may or may not be members of the board. All of said officers shall hold 
their respective offices during the pleasure of the board, and the president and 
treasurer each shall, before entering upon the duties of his office, execute a bond 
in the penal sum of $50,000, with at least two sufficient sureties, to the State of 
Minnesota, to be approved by the governor, conditioned for the faithful and hon- 
est performance of the duties of his office ac^jording to law, which bonds when 
so approved shall be filed in the office of the secretary of state. 

Sec. 3907. The board of regents shall have power, and it shall be their duty, to 
enact by-laws for the government of the University of Minnesota in aU its depart- 
ments, to elect a president of the University, and in their discretion a vice-presi- 
dent and the requisite number of professors, instructors, officers, and employees, 
and to fix their salaries, also the term of office of each; and to determine the moral 
and educational qualifications of applicants for admission; and in the appoint- 
ment of professors, instructors, and other officers and assistants of the university , 
and in prescribing the studies and exercises thereof, and in all the management 
and government thereof no partiality or preference shall be shown to one sect or 
religious denomination over another, nor shall anything sectarian be taught 
therein; and the board of regents shall have power to regu.late the course of 
instruction and prescribe the books and authorities to be used, and also to confer 
such degrees and grant such diplomas as are usual in universities in their discre- 
tion. It shall be the duty of the recording secretary to record all the proceedings 
of the board and carefully preserve all its books and papers, and before entering 
upon the duties of his office he shall take and subscribe an oath to perform his 
duties honestly and faithfully as such officer. It shall be the duty of the treasurer 
to keep an exact and faithful account of all moneys, bills receivable, and evidences 
of indebtedness, and all securities and property received or paid out by him, and 
before entering upon his duties he shall take and subscribe an oath that he will 
well and faithfully perform the duties of treasurer thereof. It shall be the duty 
of the president to preside at the meetings of the board, and in case of his inability 
to preside the board may appoint a president pro tempore. 

Sec. 3908. There is hereby established a professorship of Scandinaviaii language 
and literature in the State university, with the same salary as is paid in said uni- 
versity to other professors of the same grade. 

Sec. 3909. It shall be the duty of the board of regents of the State university, as 
soon as practicable after the passage of this act, to appoint to said professorship 
[of Scandinavian language] some person learned in the Scandinavian language 
and literature and at the same time skilled in and capable of teaching the dead 
languages so called. 

Sec. 3910. In addition to all the rights, immunities, franchises, and endowments 
heretofore granted or conferred to or upon the University of Minnesota, for the 
endowment, support, and maintenance thereof, there shall be, and is hereby, invio- 
lably appropriated and placed at the disposal of the board of regents thereof, to be 
drawn from the State treasury upon the order of the president and payable to the 
order of the treasurer of the board, all the interest and income of the fund to be 
derived from the sales of all the lands granted and to be granted to the State of 
Minnesota by virtue of an act of Congress approved July 2, 1862, and also all such 
gifts, grants, and contributions to the endowment thereof as maybe derived from 
any and all sources. 

Sec. 3911. The first meeting of the board of regents under the provisions of this 
act shall be holden at the university building on the first Wednesday of March, 
1868, at which meeting the officers of the board shall be elected, and the annual 
meetings of tho board shall be holden on the second Tuesday of December in each 
and every year thereafter. Special meetings of the board shall be called and holden 
at such times and in such manner as the board of regents shall determine. 

Sec. 3912. [As amended by laws 1897, chap. 102. J Any person or persons con- 
tributing a sum of not less than $50,000 shall have the privilege of endowing a 



LAWS KELATING TO LAND-GEANT COLLEGES. 77 

professoi'sliip in the tmiversity, tlie name and object of which shall be designated 
by the board of regents. 

Sec. 3913. The said board of regents shall sncceed to and have control of the 
books, records, buildings, and all other property of the university, and the present 
board of regents [cf. sec. 10, Gen. Stat., 1878] shall be dissolved immediately upon 
the organization of the board herein provided for: Provided, That all contracts 
made and at that time binding upon the board then [in 1878] dissolved shall be 
assumed and discharged by their successors in office. 

Sec. 8914. It shall be the duty of the board of regents herein provided for to 
make arrangements for securing suitable lands, pursuant to the act of Congrees 
above mentioned, in the %'icinity of the university for an experimental farm, and 
as soon as may be thereafter to make such improvements thereon as will render 
the same available for experimental purposes in connection with the course in the 
agricultural college, and for such purpose the board of regents is hereby author- 
ized to expend a sum not exceeding the amount specified in the act of Congress 
aforesaid. 

Sec. 3915. It shall be the duty of the board of regents of the University of Min- 
nesota, as soon as practicable after the passage of this act, to establish at said uni- 
versity an agricultural experiment station for the purpose of promoting agriculture 
in its various branches by scientific investigation and experiment, which station 
shall be under the control and supervision of the said board of regents. 

Sec. 3916. The State of Minnesota does hereby assent to the grants of money 
authorized by an act of the Congress of the United States entitled "An act to 
establish agricultural experiment stations in connection with the colleges estab- 
lished in the several States." 

Sec. 3917. An experimental station is hereby established on the State school 
farm at Owatonna, in this State, for the purpose of producing new and valuable 
varieties of fruit trees, thoroughly testing promising varieties we now have, and 
securing reliable reports in regard to fruit, forest, and ornamental trees best 
adapted to the State. 

Sec. 3918. The said station shall be under the general supervision of the board 
of regents of the State university, who shall, with the advice of the president and 
secretary of the State horticultural society, appoint a superintendent, who shall 
report to the board of regents as they may direct, and who shall report to the 
State horticultviral society in person at each annual winter meeting thereof. 

Sec. 3919. All products of said station shall be the exclusive property of the 
State, and all surplus shall be disposed of as the board of regents may direct. 

Sec. 3920. The board of regents is hereby authorized to set apart and appropriate 
from any fund at their disposal, for such purposes, siich sum as they may deem 
advisable, not exceeding $1,000 per annum, for the total expense of said station. 

Sec. 3921. On or before the second Tuesday of December in each and every 
year the board of regents, through their president, shall make a report to the 
governor, showing in detail the progress and condition of the university during 
the previous university year, the wants of the institution in all its various depart- 
ments, the nature, cost, and results of all improvements, experiments and inves- 
tigations, the number of professors and students, the amounts of money received 
and disbursed, and such other matter, including industrial and economical sta- 
tistics, as they may deem important or useful. One copy of the said report shall 
be transmitted to each of the other colleges which shall be endowed under the 
provisions of said act of Congress, and one copy to the Secretary of the Interior. 

Sec. 3922. The president of the university shall be the president of the general 
faculty, and of the special faculties of the several departments or colleges, and 
the executive head of the institution in all its departments. As such officer he 
shall have authority, subject to the board of regents, to give general directions 
to the practical affairs and scientific investigations of the university, and, in the 
recess of the boai'd of regents, to remove any employee or subordinate officer not 
a member of the faculty, and supply for the time being any vacancies thus 
created. He shall perform the customary duties of a corresponding secretary, 
and may be charged with the duties of one of the professorships. He shall make 
to the superintendent of public instruction, on or before the second Tuesday in 
December in each and every year a report showing in detail the progress and 
condition of the university during the previous university year, the number of 
professors and students in the several departments, and such other matters relat- 
ing to the proper educational work of the institution as he shall deem useful. 
It shall also be the duty of the president of the rmiversity to make to the board of 
regents, on or before the second Tuesday in December of each and every year a 
report showing in detail the progress and condition of the university during the 
previous university year, the nature and restilts of all important experiments and 



78 EDUCATION EEPOET, 1903. 

investigations and such other matters, including economical and industrial facts 
and statistics, as he shall deem useful. 

Sec. 3983. It shall be unlawful for any person to sell or dispose of any spiritu- 
ous, vinous, or malt liquors within a distance of 1 mile of the main building of 
the University of Minnesota, as now located in the city of Minneapolis: Provided, 
That the provisions of this section shall not apply to that part of the city of Min- 
neapolis lying on the west side of the Mississippi River. 

Sec. 3924. Any person violating the provisions of the foregoing section shall, 
iipon conviction, be fined not less than $50 nor more than $100 for every such 
offense, or shall be imprisoned in the county jail of the county of Hennepin for a 
period of not less than two nor more than twelve months. 

Sec. 3925. There is hereby annually appropriated to the Universitj" of Minnesota, 
from any money in the State treasury not othermse appropriated, belonging to 
the fund for the support of State institutions, the sura of $31,000; $19,000 thereof to 
be used to aid in the support of said university and $12,000 to be applied to the 
reimbursement of the permanent university fund for naoneys heretofore tised for 
the support of said university arising from the sale of stumpage on university 
lands. All moneys hereby appropriated shall be drawn upon orders of the board 
of regents of the university, and the State auditor is hereby authorized to draw 
warrants on the State treasury on the presentation of such orders. 

Sec. 3926. The sum of $50,000, or so much thereof as may be necessary, is hereby 
appropriated, in addition to the income of the permanent university fund, from 
the general revenue fund for the support of the State university for the fiscal year 
ending July 31, 1888, and annually thereafter. 

Sec. 3927. From and after the expiration of the fiscal year ending July 31, 1894, 
the annual appropriations for the support of the university, made in section 3926 
above, and an appropriation "for additional allowance for the general expenses 
for the support of the State university, $25,000 " annually after the year 1889, shall 
cease and determine: Provided, That whenever the amount in the fund for the 
maintenance of the University of Minnesota raised under the provisions of this 
act shall be over the sum of $125,000 in any one year the amount over said sum 
shall be passed to the revenue fund of the State. 

Sec. 3928. It shall be the duty of the board of regents of the University of Min- 
nesota to cause to be begun, as soon as may be practicable, and to carry on a 
thorough geological and natural history survey of the State. 

Sec. 3932. It shall be the duty of the State geologist to report at once to the 
board of regents all discoveries, either of economic or scientific interest to the 
State, that may be made by such testing and exploration; such, report shall be 
published by the board of regents in the same manner as now provided for the 
publication of the annual reports of the geological and natural history survey of 
the State, and shall be paid out of the same funds: Provided, That any important 
mineral discoveries or other scientific contributions to the geological and natural 
history stirvey that the said State geologist may deem necessary for immediate 
publication shall not be suppressed until the regular report of the board of regents, 
but shall be issued frora time to time under the direction of said State geologist. 

Sec. 3936. The said board of regents shall also cause to be collected and tabu- 
lated such meteorological statistics as may be needed to account for the varieties 
of climate in the different parts of the State; also to cause to be ascertained, by 
barometrical observation or other appropriate means, the relation, elevations, and 
depressions of the different parts of the State; and also on or before the comple- 
tion of the said surveys to cause to be compiled, from such actual surveys and 
measurements as may be necessary, an accurate map of the State, which map, 
when approved by the governor, shall be the official map of the State. 

Sec. 3937. It shall be the duty of the said board of regents to cause proper speci- 
mens skillfully prepared, secured, and labeled of all rocks, soils, ores, coals, fos- 
sils, cements, building stones, plants, woods, skins and skeletons of animals, 
birds, insects, and fishes, and other mineral, vegetable, and animal substances and 
organisms discovered or examined in the course of said surveys, to be preserved 
for public insjjection, free of cost, in the University of Minnesota, in rooms con- 
venient of access and properly warmed, lighted, ventilated, and furnished, and in 
charge of a proper scientific curator; and they shall also, whenever the same may 
be practicable, cause duplicates, in reasonable numbers and quantities, of the above- 
named specimens, to be collected and preserved for the purpose of exchanges with 
other State universities and scientific institutions, of which latter the Smithsonian 
Institution at Washington shall have the preference. 

Sec. 3938. The said board of regents shall cause a geological map of the State 
to be made as soon as may be practicable, upon which, by colors and other appro- 
priate means and devices, the various geological formations shall be represented. 



LAWS RELATING TO LAKD-GRANT COLLEGES. 79 

Sec. 3939. The governor, the secretary of state, and the State geologist are 
hereby created a commission for the printing and the publication of the reports of 
the regents of the university on the geological and natural history survey of the 
State. 

Sec. 3946. It shall be the duty of the said board of regents, through their presi- 
dent, to make, on or before the second Tuesday in December of each and every 
year, a report showing the progress of said surveys, accompanied by such maps, 
drawings, and specifications as may be necessary and proper to exemplify the 
same, to the governor, who shall lay the same before the legislature; and the said 
board of regents, upon the completion of any separate portion of the said surveys, 
shall cause to be prepared a memoir or final report, which shall embody in a con- 
venient manner all useful and important information accumulated in the course 
of the investigation of the particiilar department or portion, which report or 
memoir shall likewise be communicated through the governor to the legislature. 

Sec. 3948. The State lands known as " State salt lands," donated by the general 
Government to aid in the development of the brines of the State of Minnesota, 
shall be transferred to the custody and control of the board of regents of the Uni- 
versity of Minnesota. By said board of regents these lands may be sold in such 
manner or in such amounts, consistent with the laws of the State of Minnesota, 
as they may see fit, the proceeds thereof being held in trust by them, and only 
disbursed in accordance with the law ordering a geological and natural history 
survey of the State. 

Sec. 3949. The lands granted by Congress to this State by an act entitled "An 
act granting lands to the State of Minnesota in lieu of certain lands heretofore 
granted to said State," approved March 3, 1879, are hereby transferred to the 
custody and control of the board of regents of the University of Minnesota, 
which lands the said board may sell in such amounts as they may deem most 
expedient and beneficial, the proceeds thereof being held in trust by them, and 
only disbursed in , accordance with the law ordering a geological and natural 
history survey of the State; and the said board shall make report of their doings 
in the premises as provided by law. 

Sec. 3951. The University of Minnesota is hereby authorized and empowered to 
execute, acloiowledge, and deliver in its corporate name, under its corporate seal 
and the signatures or attestations of the president and secretary of the board 
of regents, deeds of conveyance for all the lands mentioned or referred to in the 
two several acts aforesaid [the "Salt lands or lands granted in lieu thereof"], 
which have heretofore been or shall hereafter be sold under the authority of the 
board of regents, and all deeds of such lands so executed and delivered shall be 
effectual to pass to the grantees therein, respectively, all the title of the State of 
Minnesota or the University of Minnesota or the board of regents thereof in the 
lands therein described at the time of such execution and delivery thereof. 

Sec. 3953. It shall be the duty of the said board of regents, as soon as practi- 
cable, to cause a full and scientific investigation and report on the salt springs of 
the State, with a viev/ to the early development of such brine deposits as may 
exist within the State. 

Sec. 3954. The board of regents of the University of Minnesota shall cause the 
immediate survey and investigation of the peat deposits of the State of Minne- 
sota, accompanied by such tests and chemical examinations as may be necessary 
to show their economical value and their usefulness for the purposes of common 
fuel, a full report thereon to be presented to the legislature as soon as practicable. 

Sec. 3955. The sum of $2,000 is hereby appropriated annually (in lieu of $1,000) , 
for the purposes of the geological and natural history survey, until such time as 
the proceeds of the sales of the salt lands shall equal that amount, when such 
a.nnual appropriation shall cease. 

Sec. 3956. It shall be the duty of the board of regents of the University of Min- 
nesota to cause duplicate geological specimens to be collected and to furnish to 
each of the three normal schools suites of such specimens after the university 
collection has become complete. 

Sec. 3957. When the geological and natural history survey of the State shall 
have been completed, the final report on the same by the said board of regents 
shall give a full statement of the sales of the salt lands hereby given into the cus- 
tody and control of the board of regents of the University of Minnesota, together 
with the amount of moneys received therefrom and of the balance, if any, left in 
tl^ hands of the said board of regents. 

Sec. 3768. [Amended by laws 1897, chap. 75, q. v.] There shall be levied 
annually upon the taxable property of the State a tax of one and fif teen-hundredths 
mills, to be known as the "State school tax," which shall be collected as other 
taxes are collected, of which the proceeds of one mill shall be added to the general 



80 EDUCATION EEPOET, 1903. 

scliool fund, which together shall be kno\\Ti as the " current school fund," to be 
apportioned as hereinbefore provided, and the proceeds of fifteen-hundredths mills 
shall be for the support and maintenance of the University of Minnesota, and shall 
be added to the general university ftind and be payable to the order of the board 
of regents. 

Sec. 7975. There is hereby established a uniform system of accounting for public 
funds in the following-named institutions of the State of Minnesota, namely, the 
State university, etc. 

Sec. 7976. It shall be the duty of the managing board of each of the State insti- 
tutions mentioned in section 7975 to designate an accounting officer, whose duty 
it shall be to keep or supervise the iinancial accounts of the institution and to per- 
form such other duties as shall be prescribed by law or by the said managing 
board. They shall also designate either the said accounting officer or some other 
officer of the institution to act as purchasing agent, whose duty it shall be to pur- 
chase all goods and supplies needed for the institution, under such rules and regu- 
lations as the said managing board shall prescribe. 

Sec. 7977. It shall be the duty of the managing board of each of the institutions 
named in section 7975, within three months after the passage of this act, to appoint 
an institution treasurer, which treasurer shall be either some triTstworthy person 
residing in the city or village at which the institution is located, or some solvent 
national or State bank in said city or village [except the ' ' Soldiers' Home "] . The 
said treasiirer shall give bonds in such stira as the managing board shall require, 
to be approved by said managing board and to be subject to the approval of the 
public examiner. It shall be the duty of the said treasurer to hold and safely 
keep all public funds belonging to the said institution which may come into said 
treasury from any source, and to pay out the same only on written orders signed 
by the accounting officer of the institution and countersigned by a member of the 
managing board, who shall have been authorized by vote of the board to sign 
such orders. 

Sec. 7979. * * * (b) It shall be the duty of the accoimting officer of each 
institution at the close of each month, or oftener, to pay over to the institution 
treasurer all institution funds which may have come into his hands from sales of 
public property, board of inmates, labor of inmates, or from other sources, and at 
the close of each fiscal quarter to draw an order on the institution treasurer in 
favor of the State treasurer for the amount of all such miscellaneous receipts, and 
at the same time to forward to the State auditor a statement of the amount of the 
same and the sources from which they have arisen, (c) It shall be the duty of 
the State auditor upon receiving such statement to place in the hands of the State 
treasurer a draft for the amount upon the institution treasurer, specifying the 
fund to which the same is to be credited, and upon payment of such draft to place 
the amount so received to the credit of said institution, adding it to any appropri- 
ations that may have been previously made by the legislature for the said institu- 
tion, distributing it to the several appropriations from which it may have arisen 
or to the current expense appropriation, according to his discretion. 

Sec. 7980. It shall be the duty of the accounting officer of each institution referred 
to above to prepare a duplicate monthly pay roll or pay rolls, showing the serv- 
ices rendered * * * by each officer and employee of the institution, which pay 
roll shall contain the receipt of said officers and employees for the orders isstied to 
them in payment for their services. Services rendered or labor performed by per- 
sons other than officers and employees shall be accounted for on proper vouchers 
made. The said accounting officer shall require all persons selling goods or sup- 
plies to the institution to furnish with such goods when delivered bills or invoices 
in duplicate, and he may require persons v/lio furnish goods at intervals during 
the month to furnish also a detailed statement in duplicate at the close of the 
month. The said bills and invoices shall, whenever practicable, be made upon 
the billheads or blanks used by such persons in their business: Provided, That in 
cases where it is not convenient for the seller to furnish such bills or invoices , the 
accounting officer may make out such bills or invoices on blanks to be provided by 
^be institution. 

{ >eiieral Laws, 1895, chapter 181: Section 1. The teachers' university certificate 
issued by the University of Minnesota to graduates of the department of pedagogy 
in said university shall be valid as a certificate of the first grade to teach in the 
public schools of the State of Minnesota for a period of two years from date of 
graduation. 

Sec. 3. At the expiration of two years of actual teaching the certificate of such 
graduate may be indorsed by the president of the university and the superintendent 
of public instruction upon satisfactory evidence that such service has been success- 
ful, and such indorsement shall make said certificate a permanent certificate of 



LAWS EELATING TO LAND-GTtANT COLLEGES. 81 

qualification: Provided, That said indorsement may be canceled and its legal 
effect annulled by tbe superintendent of public instniction upon satisfactory evi- 
dence of disqualification. (Approved April 11, 1895.) 

Ibid., 1895, chapter 366: Appropriates $60,000 for "the deficiencies which have 
occurred in the current expenses of this institution " for 1893, 1894, and 1895. 

Ibid., 1897, chapter 75: Section 1. Section 3768 [above] is amended to read as 
follows: " There shall be levied annually upon the taxable property of the State a 
tax of 1.23 mills, to be known as the ' State school tax,' which shall be collected as 
other taxes are collected, of which the proceeds of 1 mill shall be added to the 
general school fund, which together shall be known as the ' current school fund,' 
to be apportioned as hereinbefore provided, and the proceeds of 0.23 mill shall be for 
the support and maintenance of the University of Minnesota, and shall be added 
to the general university fund and be payable to the order of the board of regents. ' ' 
(Approved March 26, 1897.) 

■ Ibid., 1897, chapter 155: Sec. 4. [Appropriates for the fiscal year ending July 
31, 1897: For campus improvements, $3,500; equipment for mechanical and elec- 
trical engineering department, $12,000.] 

Sec. 5. [Appropriates for the year ending July 31, 1898: Equipment of medical 
building, $13,000; books, $6,000. School of agriculture: Heating and lighting, 
$18,000; dormitory for girls, $25,000; expenses incident to establishing coeduca- 
tion, $3,000.] 

Sec. 6. [Appropriates for year ending July 31, 1899: For books, $6,000; expenses 
incident to establishing coeducation in the school of agriculture, $4,000.] 

Ibid., 1899, chaijter 20: Section 1. Section 1 of chapter 181 of the general laws 
of 1895 be, and the same is hereby, amended so as to read as follows: " Section 1. 
The teachers' universitycertificateissuedby the University of Minnesota to gradu- 
ates of the department of pedagogy in said university shall be valid as a certifi- 
cate of the first grade to teach in the public schools of the State of Minnesota for 
a period of two years from its date." (Approved February 25, 1899.) 

Ibid., 1899, chapter 283: Sec. 5. [Appropriates to State university for year end- 
ing Jiily 31, 1899, $5,000 for repairs. For vear ending July 81. 1900: Repairs, 
$7,000; anatomical building, $15,000; clinical building, $15,000; books, $7,000. For 
year ending July 31, 1801: Repairs, $5,000; books, $7,000; physical laboratory, 
$25,000; alteration of buildings, $40,000.] 

Sec. 6. [Appropriates to school of agriculture for the year ending July 31, 1900: 
Heating plant, $10,000; horticultural hall and physical laboratory, $35,000.] 

Ibid., 1901, chapter 25: Sections 1 and 2 of chapter 345 of general laws of 1899 
[omitted here as surplusage in view of what follows and its minor relevancy to 
this inquiry] be amended so as to read as follows: '' Section 1. Any person who, 
being at the time a resident of the State of Minnesota, enlisted in the Army of the 
United States during the late war between the United States and the Kingdom, of 
Spain, or who has been a resident of the State of Minnesota for the past fifteen 
years and is a veteran of the late civil war, and who was honorably discharged 
therefrom, shall, upon complying with all other requirements for admission, be 
entitled to pursue any course or courses in the University of Minnesota without 
expense for tuition." 

I Sec. 2. It is hereby raade the duty of the board of regents of the Universitj'' 
of Minnesota to accept in any college, school, or department thereof, any student 
who conies within the definition of section 1 of this act, without any charge to 
said student for tuition, and to refund to anjr student who maiy come under the 
provisions of this act any money which he has paid in as tuition since his dis- 
charge. (Approved March 8, 1901.) 

Ibid., 1901, chapter 66: The board of regents of the University of Minnesota, as 
a body corporate under the name University of Minnesota, is hereby expressly 
authorized and empowered to accept, in trust or otherwise, any gift, grant, bequest, 
or devise of property, real or personal or mixed, for educational purposes, and to 
hold, manage, iuA^est, and dispose of the same and the proceeds thereof and the 
income therefrom, in accordance with the terms and conditions of such gift, 
grant, bequest, or devise, and of the acceptance thereof, any law of the State of 
Minnesota to the contrary notwithstanding. (Approved March 16, 1901.) 

Ibid., 1901, chapter 170: Section 1. Any person resident of the State of Min- 
nesota who has already graduated or may graduate from the department known 
as the school for the blind, connected with the Minnesota Institute for Defectives 
(located at Faribault, Minn., or elsewhere in said State), shall, upon complying 
with all other requirements, be entitled to pursue any course or courses in the 
University of Minnesota without expense for tuition. 

ED 1903 6 



82 EDUCATIOlSr EEPOET, 1903. 

Sec. 2. It is hereby raade the duty of the board of regents of the University of 
Minnesota to receive into any college, school, or department thereof, and to furnish 
to him or her training and education in any such college, school, or department, 
any student who comes within the definition of section 1 of this act without any 
charge to said student for tuition. 

Sec. 3. All acts and parts of acts inconsistent with this act are hereby repealed. 
(Approved April 9, 1901.) 

Ibid. , 1901 , chapter 132: Section 1 . The governor shall, prior to the adjournment 
of this session of the legislature, appoint, by and with the consent of the Senate, 
three electors of the State as members of a board to be known as a " board of control 
of State institutions." Said members shall hold office, as designated by the gov- 
ernor, for two, four, and six years, respectively. Subsequent appointments shall 
be made as above provided, and, except to fill vacancies, shall be for a period of 
six years and until their successors are appointed and qualified. The board shall 
at all times be subject to the above limitations and restrictions. The chairman of 
the board for each biennial period shall be the member whose term first expires, 
and each member thereof shall receive a salary of $3,500 per annum. The gov- 
ernor may remove any member of the board for malfeasance or nonfeasance in office, 
or for any cause that renders him ineligible to appointment or incapable or unfit 
to discharge the duties of his office, and his removal when so made shall be final. 
When for any cause a vacancy occurs, the governor shall appoint an elector to fill 
the vacancy for the unexpired term, subject, however, to the action of the senate 
when next in session. 

Sec. 18. * * * The board of control shall have and exercise full authority 
in all financial matters of the State university, the State normal schools, the State 
public school, the schools for the deaf and the blind. The said board of control 
shall disburse all public moneys of the several institutions named, and shall have 
the same authority in the expenditure of the public moneys appropriated therefor, 
as in the other institutions named in this bill, except as hereinafter otherwise pro- 
vided, and such board shall appoint a purchasing and disbursing officer or officers 
for such institutions. Said board of control shall also have supervision of the 
construction of all buildings and betterments erected at the cost of this State, but 
shall cooperate with the local boards of the difl:"erent institutions in the prepara- 
tion of plans and specifications therefor. Such board of control, however, shall 
not have control or authority to disburse any private donations or bequests made 
by gift or devise by any private individual to any educational institution of this 
State, but said private gifts or donations or bequests shall, unless otherwise 
directed by the terms of such gift or bequest, be applied by such various boards 
of the said educational institutions to the use proposed by the terms of the gift. 
But the various boards now iu charge of the several educational institutions shall 
have and retain the exclusive control of the general educational policy of said 
institution, of the courses of study, the number of teachers necessary to be 
employed, and the salaries to be paid; and such various boards shall have the 
exclusive right to employ or dismiss the teachers and others engaged in carrying 
on the functions cf said institutions and shall also have the exclusive control of 
the groun^is, buildings, and other public property of their several institutions, and 
of all other matters connected with said institutions, except as herein specifically 
reserved to said board of control. All contracts with employees of said educa- 
tional institutions and a concise statement of all supplies needed shall be reported 
by the board in charge of said several institutions to the said board of control, and 
provision shall be made by said board of control, by suitable rules, for the pay- 
ment of the salaries of such employees, and any expenses incurred by the members 
cf said local board for the purchase of all necessary supplies by such purchasing 
agent to be appointed as herein provided, as in the case of the other public insti- 
tutions of this State. (Approved April 2, 1901. ) 

Ibid.. 1901, chapter 381: Skc. 2. [Appropriates "For usa by the department of 
agriculture of the University of Minnesota in preparing, printing, and distribut- 
ing such leaflets, charts, and other lesson helps as will aid a,nd encourage the 
teachers and pupils in rural schools in the study of agriculttiral, home economics, 
and rural life generally" the sum of $2,000 for each of the fiscal years ending 
July 31, 1902, and July 31, 1903.] 

Sec. 8. [Appropriates to the University of Minnesota for the year ending July 
31, 1901: Buildings and equipment, $17,600; artesian well, $3,500. For the year 
ending July 31, 1902: Buildings and equipment, $110,000: repairs, $10,250; library, 
$7,500; boilers, $8,200; additional current expenses, $35,000. For the year ending 
July 31, 1903: Building and equipment, $47,500; repairs, $8,000; library, $7,500; 
additional current expenses, $35,000.] 



LAWS RELATING TO LAND-GKANT COLLEGES. 83 

Sec. 9. [Appropriates for the school of agriculture for the year ending July 31, 
1902: Buildings and equipment, $53,500, For the year ending July 31, 1903; 
Buildings and equipment, $25,000.1 



MISSISSIPPI. 

Constitution (1890), article 8: Sec. 201. It shall be the duty of the legislature to 
encourage by all suitable means the promotion of intellectual, scientific, moral, 
and agricultural improvement by establishing a uniform system of free public 
Bchools, by taxation or otherwise, for all children between the ages of five and 
twenty-one years, and, as soon as practicable, to establish schools of higher grade. 

Sec. 308. No religious or other sect or sects shall control any part of the school 
or other educational funds of this State; nor shall any funds be appropriated 
toward the support of any sectarian school or to any school that at the time of 
receiving such appropriation is not conducted as a free school. 

Sec. 213. The State having received and appropriated the land donated to it for 
the support of agricultural and mechanical colleges by the United States, and 
having, in furtherance of the beneficent design of Congress in granting said 
land, established the Agricultural and Mechanical College of Mississippi and the 
Alcorn Agricultural and Mechanical College, it is the duty of the State to sacredly 
carry out the conditions of the act of Congress upon the subject, approved Jiily 2, 
1863, and the legislature shall preserve intact the endowments to and support 
said colleges. 

[The following matter is taken from The Annotated Code of the General Statute Laws of 
the State of Mississippi, prepared by R. H. Thompson, Geo. E. Dillard, and R. B. Campbell, 
Nashville, Tenn., 1892.] 

Sec. 11. The college as incorporated by an act of the legislature, approved Feb- 
rtiary 28, 1878, by the name of the " Agricultural and Mechanical College of Mis- 
sissippi," and established in pursuance of that act, shall continue to exist as a 
body politic and corporate by the name of the '"Mississippi Agricultural and 
Mechanical College," with all its property and the franchises, rights, powers, and 
privileges conferred on it by law, or properly incident to such a body and neces- 
sary to accomplish the purpose of its creation; and may receive and hold all real 
and personal property conveyed to it for such purpose. 

Sec. 13. The government of said college shall be in a board of nine trustees, a 
majority of whom shall be practical agriculturists or mechanics, appointed by 
the governor of the State by and with the advice and consent of the senate, who 
shall continue in office for six years, and until successors are appointed; and the 
trustees shall be ineligible to succeed themselves naore than once. 

Sec. 13. The present trustees shall continue according to their terms, and until 
successors shall be appointed. As the terms of said trustees shall expire their suc- 
cessors shall be appointed by the governor, by and with the advice and consent of 
the senate. They shall hold for sis years, and until their successors shall be 
appointed. 

Sec. 14. In case of vacancies in the board of trustees during a period when the 
senate is not in session, the governor may make appointments to fill the vacancies 
until the senate shall meet, and, thereafter, during the session of the senate until 
successors shall be appointed. 

Sec. 15. A majority of the board of trustees shall constitute a quoriim for the 
transaction of business. 

Sec. 16. The governor of the State, by virtue of his office, shall be the president 
of the board of trustees, but in his absence a president pro tempore may be 
appointed by the board. 

Sec. 17. The trustees may receive their actual expenses incurred in attending any 
of the meetings of the board, to be paid out of any money belonging to the college. 

Sec. 18. The board of trustees shall possess all the power necessary and proper 
for the accomplishment of the purpose of the trust reposed in it, viz: The estab- 
lishment and maintenance of a first-class institution, at which the white youth of 
the State may acquire a common school education, and a scientific and practical 
knowledge of agriculture, horticulture, and the mechanic arts, and such other 
subjects of knowledge as may be suitable and embraced in the course of study and 
practice prescribed by authority of the board of trustees; and it may adopt all such 
by-laws and regulations as it may deem expedient for this purpose not repiignant 
to the constitution and laws nor inconsistent vrith the object for which said col- 
lege is established; and it shall do whatever is necessary for the successful opera- 
tion of said college according to the purpose of its establishment. 



84 EDTICATIOK EEPOET, 1903. 

Sec. 19. The interest arising from the proceeds of the fund known as the "Agri- 
cultural land scrip fund" is appropriated and devoted, to the extent of one-half 
of it, to said college, and may be drawn from the treasury upon warrant of the 
auditor, to be issiied upon the requisitions of the treasurer -from time to time as such 
interest may accrue and be wanted for the use of the college. 

Sec. 20. Tuition shall be free in all branches to students of the State for four 
years to each and not longer, and the trustees shall fix the amount of tuition to be 
paid by students of this State after four years of free tuition and by stiidents 
from other States or countries. (Amended by laws, 1896, chap. 113, q. v.) 

Sec. 21. The privilege of rooming in the dormitories belongs to the free students, 
and to the due quota of students from each county in preference to all others. 

Sec. 22. The right belongs to each county to have a number of students admitted 
proportionate to its number of white edxicable males compared with the whole 
number in the State. 

Sec. 23. The apportionment shall be made and announced by the president of 
the college anmlally and communicated to the superintendents of education of the 
counties. 

Sec. 25. The certificate of selection shall be attested by the clerk of the board of 
supervisors, under its seal, and shall entitle the holder to admission into the college 
with all its privileges to pursue all its industrial branches selected, and to enter 
the subclass or class for which h_e is fitted. 

Sec. 26. The board of trustees shall cause to be reported biennially to the legis- 
lature, during the first week of every regular and special, not extraordinary, ses- 
sion thereof, how the money appropriated to the college has been expended, show- 
ing the salaries paid to all professors and employees, and generally each and every 
item of expense; and if any property belonging to the State or the college is used for 
profit, the reports shall show the expenses incurred in managing the property and 
the amount received therefrom. 

Sec. 27. The money received by this State under act of Congress entitled "An 
act to establish agricultural experiment stations," etc., approved March 2, 1887, 
and the provisions of which were accepted by this State by act approved January 
31, 1888, and assigned to said college, shall be expended under its direction, and the 
agricultural experiment station for this State is established at and with said col- 
lege, and the board of trustees shall have full control thereof. 

Sec. 28. The Alcorn Agricultural and Mechanical College of Mississippi, created 
by an act approved February 28, 1878, for the education of the colored youth of 
the State, shall continue as a body politic and corporate for that purpose. 

Sec. 29. Except as stated to the contrary in the next section, all the provisions 
of the chapter entitled "Agricultural and mechanical college " shall be applicable, 
the necessary changes being made, to the "Alcorn Agricultural and Mechanical 
College," which shall be entitled to receive for its support one-half of the interest 
on the fund, the other half of which is devoted to the agricultural and mechan- 
ical college. 

Sec. 30. The sections of the chapter relating to the ' ' agricultural and mechanical 
college " [sees. 20-25, and 27] on the subject of the number of students entitled to 
free tuition therein, and on the subject of apportioning the same among the several 
counties of the State, and dormitory privileges, and on the subject of the agricul- 
tural experiment station, shall not apply to Alcorn Agricultural and Mechanical 
College. 

Sec. 2065. The term "fertilizer," as usedherein, includes all substances, chemi- 
cals, and compounds commonly knov/n as commercial fertilizers, and all manures, 
except animal excrement, cotton seed, andunm.ixed cotton-seed products, whether 
natural or artificial products. 

Sec. 2066. The professor of chemistry at the agricultural and mechanical col- 
lege is State chemist, and all fertilizers shall be analj^zed by him; and his certifi- 
cate of analysis, stating the percentage therein of nitrogen in an available form, 
of potash soluble in water, and of phosphoric acid in an available form, soluble or 
reverted, and of insoluble phosphoiic acid, shall be posted, and kept posted in a 
conspicuous manner at every place where fertilizers are sold. 

Sec. 2068. Before offering any fertilizer for sale the manufacturer, producer, or 
seller shall furnish to the State chemist a certificate of the manufacturer or pro- 
ducer, showing the component parts thereof, and a fair sample of it, not less than 
one pound, sealed up in a glass jar; and the chemist shall analyze it and give Ms 
certificate thereof, and shall furnish the necessary number of tags. He shall also 
from time to time sectire samples from packages offered for sale or sold, analyze 
the same, and record the analyses. 

Sec. 2069. The State chemist shall also analyze all fair samples of fertilizers 



LAWS RELATING TO LAND-GEANT COLLEGES. 85 

properly certified and prepared wliicli may be furnished to him by farmers and 
other purchasers for use free of charge, and shall give a certificate thereof. 

Sec. 2070. The certificate of analysis of the State chemist shall be evidence of 
the percentage of valuable elements in any fertilizer analyzed by him. 

Sec. 2071. The State chemist shall have prepared a sufficient number of tags, of 
suitable material and form, with proper fastenings for attaching to packages, and 
having printed thereon the word " guaranteed," with the year of sale, number of 
the tag, and a facsimile of his signature. Any person who shall counterfeit a fer- 
tilizer tag, or who shall use one not sold to him by the State chemist, or who shall 
use one a second time, shall be giiilty of forgery. 

Sec. 2072. The State chemist shall charge and collect for the analysis of each 
brand of fertilizer the sum of $15, and for enough tags for one ton of fertilizer 30 
cents. 

Sec. 2073. The fees received by the State chemist shall be deposited with the 
treasurer of the agricultural and mechanical college, and shall be expended under 
the direction of the board of trustees in defraying tlae expenses of analyzing fer- 
tilizers, the preparation of tags, and otherwise, as the board shall allow or direct. 

Sec. 2074. The certificate of the State chemist shall be good for one year, if no 
fraud or deception be practiced in obtaining it, and an analysis of each brand of 
fertilizer must be made every year or season. 

Sec. 2075. The State chemist shall record in a suitable book the result of every 
analysis of a fertilizer made by him. 

Laws, 1892, chapter 45: Section 1. The State of Mississippi hereby accepts the 
provisions of act of Congress entitled "An act to apply a portion of the [proceeds 
of the] public lands to the more complete endowment and support of colleges for 
the benefit of agriculture and mechanic arts, established under provisions of an 
act of Congress approved July 2, 1862," which act was approved August 30, 1890. 

Sec. 2. The money received by this State under the aforesaid act shall be 
expended under the direction of the Agricultural and Mechanical College of this 
State, situated near Stark ville, for whites, and the Alcorn Agricultural and 
Mechanical College, situated near Eodney, for colored; and the funds received 
under aforesaid act shall be di-vdded between aforesaid agricultural colleges for 
white and colored in the proportion that the whole number of educable children 
in the State of each race bears to the whole number of educable children of both 
races. (Approved March 30, 1892.) 

Laws, 1894, chapter 12: Appropriates to Agricultural and Mechanical College 
$22,500 for 1894 and the same amount for 1895, and provides further, "that the 
interest on the agricultural land-scrip fund belonging to said college be paid in 
addition to the above sums, provided that the president, professors, officers, and 
employees shall receive as salary or compensation from the State 10 per cent less 
than the amounts paid them by the State for the year 1893." 

Ibid., 1894, chapter 14: Appropriates to Alcorn Agricultural and Mechanical 
College $7,000 for the year 1894 and the same amount for the year 1895, also $1,500 
for repairs, " provided that the amounts shall include interest on the agricultural 
land-scrip fund for each year." 

Laws, 1896, chapter 115: Section 1. That the State superintendent of education 
be, and is hereby, made a trustee ex officio of the State University, the Agricultural 
and Mechanical College, the Industrial Institute and College, the State Normal 
School, and Alcorn Agricultural and Mechanical College. And he shall have the 
same powers and perform the same duties as other trustees of said institutions of 
learning. (Approved March 23, 1896.) 

Laws, 1896, chapter 13: [Appropriates to Alcorn Agricultural and Mechanical 
College for the year 1896: Building, $7,000; repairs, $1,000; insurance for three 
years, $1,505. For 1897: Three cottages, $8,000; repairs, $1,000.] 

Ibid. , 1896: [Appropriates to Agricultural and Mechanical College $22,500 for the 
year 1896 and the same amount for 1897, in addition to the interest on the agricul- 
tural land-scrip fund; also, for repairs, $5,000.] 

Ibid., 1896, chapter 43: That the State treasurer be, and he is hereby, authorized 
and required to have prepared without delay bonds of the State of Mississippi in 
an amount equal to the agricultural college fund now in the State treasury, 
maturing on the 1st day of January, 1896, and which now bear interest at the rate 
of 5 per cent per annum. Said bonds to be issued in denominations of $1,000, and 
shall be signed by the governor and countersigned by the treasurer. All the 
bonds and other evidences of State indebtedness now in the treasury on account 
of the said agricultural college fund, amounting to $212,150, shall be immediately 
canceled and destroyed, and a record kept hy the treasurer of the bonds so 
destroyed, and said treasurer shall report the facts to the legislature of 1898, and 
the bonds provided for in this section shall be substituted therefor. 



86 EDUGATIOK EEPORT, 1903. 

Sec. 2, That said bonds, as herein provided for, shall bear interest ?.t f^e rate 
of 6 per cent per annum as now fixed bylaw, from January 1. 1896. and shall 
mature on January 1, 1928: Provided, The State reserves the right to take up and 
retire said bonds after January 1, 1900. 

Ibid., 1896, chapter 113: Section 20 of the annotated code of Mississippi is hereby 
araended so as to read as follows: Tuition shall be free in all branches to students 
of this State for five years. 

Seo. 2. Section 24 is hereby amended so as to read as follows: The superinten- 
dent of each county, after due notice published, with the consent of the board of 
supervisors, shall give certificates of selection to the number of students to which 
the county is entitled, and this in addition to those already in the college, if any, 
and this selection of new students shall be made by drawing. 

Ibid., 1898, chapter 15: [Appropriates to Agricultural and Mechanical College 
$20,500 and the interest on the " agricultural land-scrip fund," §5,914.50, for 1898; 
also the same amounts for 1899, and |4,090 for repairs, etc.] 

Ibid., 1898, chapter 16: [Appropriates to Alcorn Agricultural and Mechanical 
College for 1898, $12,000 and $6,814.50 as interest on agricultural land-scrip fund; 
for 1899, $9,000 and the interest, $6,814.50, on the agricultural land-scrip fund.] 

Ibid., 1898, chapter 46: Section 1. Thegrantof land to the State for the benefit of 
the Agricultural and Mechanical College of Mississippi and the Agricultural and 
Mechanical College for colored persons of Mississippi, by an act of Congress of the 
United States, approved February 20, 1895, entitled "An act for the encouragement 
of education in the State of Mississippi," the same being the one hundred and sixth 
chapter of the United States Statutes at Large, of the third session of the Fifty- 
third Congress, volume 28, is hereby accepted. 

[The act of Congress referred to reads as follows: The governor of the State of Mississippi is 
hereby authorized to select out of the unoccupied and uninhabited lands of the United States 
witliin the said State, 49,080 acres of land, in legal subdivisions, being a total equivalent to two 
townships, and shall certify the same to the Secretary of the Interior, who shall forthwith, upon 
the receipt of said certificate, issue to the State of Mississippi patents for said lands: Provided, 
That the proceeds of one township of said lands, when sold or leased shall forever remain a fund 
for the use of the Agricultural and Mechanical College of said State; and the proceeds of one 
of said townships of land, when sold or leased, shall forever remain a fund for the use of the 
Agricultural and Mechanical College for colored persons established and maintained by said 
State. 

Seo. 2. In making said selection the governor of said State of Mississippi shall designate the 
lands for the Agricultural and Mechanical College and the lands for the Agricultural and Mechan- 
ical College for colored persons.] 

Sec. 2. The State land commissioner shall record in his office the patents and 
lists of said lands issued to the State by the United States, said lists to be recorded 
in a tract book; and his certified transcript of the records thereof shall be compe- 
tent evidence in any court or legal proceedings in this State; and when so recorded 
the patent and list of the Agricultural and Mechanical College lands shall be turned 
over to its trustees, and the patent and list of the Alcorn Agricultural and Mechan- 
ical College lands shall be turned over to its trustees. 

Sec. 3. The board of trustees of said Agricultural and Mechanical College are 
hereby authorized to sell said lands patented to the State for its use under said 
act of Congress, or any part thereof, for cash, as in their judgment is for the 
best interest of said college; or to lease the same for a period not exceeding thirty 
years, or to sell or dispose of the timber thereon to the best advantage of said col- 
lege; and the proceeds of all such sales or leases of said lands or sales of said tim- 
ber, made under this act shall be paid into the State treasury and shall there be 
credited to said Agricultural and Mechanical College, and shall there forever 
remain a fund for the use of said college, and the interest to be paid to it by the 
State, all under and in accordance v/ith section 213 of the State constitution. And 
the board of trustees of the Alcorn Agricultural and Mechanical College shall 
have like authority as to the lands patented to the State under said act of Con- 
gress for the benefit of the Agricultural and Mechanical College for colored per- 
sons, and the proceeds of said lands or the timber thereon shall, be paid into the 
State treasury for the use of said college, under and in accordance with said sec- 
tion of the State constitution. 

Sec. 4. A patent in the usual form, signed by the land commissioner, counter- 
signed by the governor and attested by the secretary of state, with the great seal of 
the State affixed, shall invest the purchaser or lessee of said lands or the purchaser 
of the timber or trees thereon with title, according to the terms of said patent; 
and such patent shall be executed iipon the order of the board of trustees of the 
Agriciiltural and Mechanical College as to the lands patented to the State by the 
United States for the benefit of said college under said act of Congress; and such 
patent shall be executed as to the lands patented to the State for the use of said 
Agricultural and Miechanical College for colored persons upon the order of the 



LAWS RELATING TO LAND-GEANT COLLEGES. 87 

board of trustees of said Alcorn Agrictiltural and Mechanical College. And said 
land commissioner shall keep a record of each sale or lease made under this stat- 
ute tipon the tract book upon which the list of lands is recorded in each instance, 
respectively. 

Sec. 5. The provisions of this act shall apply to any and all lands that may be 
hereafter selected and located by the governor and patented to the State under 
said act of Congress. 

"-.Ibid., 1900, chapter 61: Section 1. The board of trustees of the Mississippi 
Agriculttiral and Mechanical College, located at or near Starkville, are hereby 
authorized to establish a branch agricultural experiment station at some point in 
the State south of the tier of counties on the line of the A.labam-a and Vicksburg 
Railroad, and in what is known as the piney woods region of the State. The said 
board of trustees are authorized to accept donations of lands, lumber, agricultural 
implements, fertilizers, money, notes or other obligations, or any property or 
thing that may be of use in establishing and operating said experiment station. 

Sec. 2. The station herein provided for shall be a tract of land of not less than 
200 acres and shall only be located where suitable land is donated and conveyed 
to the trustees for that purpose, and if lands in excess of 200 acres are donated, 
the said board of trustees may, in their discretion, sell the same and apply the 
proceeds to the improvement of the land retained and used for said experiment 
station. 

Sec. 3. In locating said station the said trustees shall consider the natural 
advantages, the health and convenience to a shipping i:)oint, and the amount pro- 
posed to be donated by any locality or localities, and ail other matters that may 
be of material advantage in the working of the same. 

Ibid.', 1900, chapter 18: Section 1. A textile school is established in connection 
with the agricultural and mechanical college, where young men and women may 
be educated in the art of manufacturing textile fabrics and where they may acquire 
a practical as well as theoretical and scientifiG knowledge of the art of manufac- 
turing textile fabrics, and especially those made from cotton, or cotton and wool 
combined, including dyeing, designing and drawling. 

Sec. 2. It shall be the duty of the board of trustees to cause to be erected the 
necessary building for the motive power and machinery of the factory building, 
for the accommodation of not more than 100 pupils, and a dormitory building to 
accomodate a like niTmber, and to supply the factory building with the necessary 
motive power of steam or electricity, in their discretion, and all other necessary 
machinery and appliances for manufacturing cotton and such other fabrics as may 
be agreed upon by the faculty and approved by the trustees, and also for dyeing, 
having in viev/ the purpose of this act as defined in the first section thereof, and 
especially that relating to the manufacture of cotton fabrics. 

Sec. 3. It shall be the duty of the board of trustees when said buildings have 
been erected and equipped as provided for in this act to elect a competent and effi- 
cient director of the textile school, who shall become thereby a member of the 
faculty of the said agricultural and mechanical college, and shall receive such 
salary as may be fixed by the board of trustees. They shall likewise employ or 
authorize the employment of such assistants in the various departments thereof as 
may be necessary to the thorough and efficient training and instruction of the stu- 
dents. The course of study shall be prescribed by the faculty, with the approval 
of the board of trustees, and shall embrace carding, spinning, weaving, dyeing, 
harmony of colors, designing, drawing, fabric analysis and calculations, and such 
other branches as may be prescribed. There shall be a special course on the man- 
ufacture of cotton fabrics alone. 

Sec. 4. ITo pupil shall be admitted to the textile school who is under 15 years 
of age; and each pupil applying for admission shall be examined under rules to be 
prescribed by the faculty as to character, intelligence, and learning, and they shall 
be govemed'by the rules and regulations prescribed for the government of said 
college, the trustees of which shall also &s: and regulate the fees, cost, and term of 
course of said textile department. 

Sec 5. The raw material to be manufactured in the course of study shall be pur- 
chased by the president of the faculty, or under his direction, provided that raised 
on the college f aiTa shall be insufficient in quantity or quality. The fabrics manu- 
factured by the school shall be sold by the president of the faculty, and the pro- 
ceeds thereof and also all tuition fees shall be paid into the college treasury to the 
credit of the textile school, and full reports made thereof annually to the board of 
trustees. 

Sec. 6. The board of trustees shall have authority to grant diplomas and certifi- 
cates of proficiency upon the recommendation of the director of the textile school 
and a majority of the faculty. 



88 EDUCATION EEPOET, 1903. 

Sec. 7. The stim of $40,000, or so mucli thereof as may be necessary, is hereby 
appropriated out of any moneys in the treasury not otherwise appropriated, to 
enable the board of trustees to carry out the provisions of this act. The said sum 
herein appropriated may be drawn from the State treasury upon the warrant of 
the auditor of public accounts, issued upon the written request of the president of 
said college, approved by the governor. 

Ibid., chapter 17: [Appropi-iates to agricultural and mechanical college $25,719 
for the year 1900 and a like sum for the year 1901, in addition to the annual 
interest on the agricultural land-scrip fund, for new buildings, etc., and $1,000 for 
farmers' institutes.] 

Ibid., chapter 19: [Appropriates to Alcorn Agricultural and Mechanical College 
$8,000 for the year 1900 and a lilie sum for 1901, in addition to interest on agricul- 
tural land-scrip fund; also $5,850 for repairs, etc. In addition for each year the 
interest on $96,296.37, the proceeds of sale of college lands, chapter 46, acts 1898, 
$5,777.77.] 

Ibid., chapter 57: The board of control is hereby directed, subject to the 
approval of the governor, to purchase an artesian well-boring outfit, out of any 
money in the hands of said board, not to exceed $1,500, and that said outfit shall 
be used to sink wells on the farms now belonging to or to become the property 
of the State, and on rented farms, provided the owners shall pay for the same, 
or upon the farms of any citizen where the board is paid for the service by the 

.citizen, when not otherwise needed by the State, and that the boards of trustees 
of the, several State institutions, and especially of the lunatic asylum at Jackson, 
the State university at Oxford, the agricultural and mechanical college at Stark- 

.^ ville, etc. , are hereby authorized to contract immediately and pay out of their sev- 
eral appropriations, with the board of control, for the boring of such wells, at actual 
cost of the labor and material, but no cost for the use of the outfit, subject to the 

'-approval of the governor, for the sinking of wells at these several instutions. 

[ Ibid., 1902, chapter 21: [Appropriates to agricultural and mechanical college 
$48,272.41, as support fund for 1902, and a like amount for 1903; appropriates also 

■ $56,500 for buildings; $23,230 for additional equipment; $3,000 for farmers' insti- 

,, tutes; $2,000 for student labor account, and $100 for Y. M. C. A.] 

Ibid., 1902, chapter 20: [Appropriates $26,330.14 "for the purpose of reimburs- 
ing the trustees of the agricultural college for the excess of money spent by them 
in building and equipping the textile school."] 

\, Ibid., 1902, chapter 20: [Appropriates to the Alcorn Agricultural and Mechani- 
cal College $8,000, as support fund and $750 for repair of buildings for each of the 

'. years 1903 and 1903. Appropriates for 1902: For insurance, $2,250; for purchase 
ot stock, $500; for completing and equipping new dormitory, $18,000; for shops 
and machinery and tools, $10,000.] 



MISSOURI. 

Constitution (1875), AuticleXI: Sec. 5. The general assembly shall, whenever the 
public school fund will permit and the actual necessity of the same may require, aid 
and maintain the State university, now established, with its present departments. 
The government of the State university shall be vested in a board of curators, to 
consist of nine members, to be appointed by the governor, by and with the advice 
and consent of the senate. 

. Sec. 11. Neither the general assembly nor any county, city, town, township, 
, school district, or other municipal corporation shall ever make an appropriation or 
pay from any public fund whatever anything in aid of any religious creed, church, 
or sectarian purpose, or help to support or sustain any private or public school, 
academy, seminary, college, university, or other institution of learning controlled 
by any religious creed, church, or sectarian denomination whatever; nor shall 
any grant or donation of personal property or real estate ever be made by the 
State, or any county, city, town, or other municipal corporation for any religious 
creed, church, or sectarian purpose whatever. 

[The following matter is taken, unless otherwise specified, from " The Revised Statutes of the 
State of MisBOTiri, 1899, Revised and Promulgated by the 4(>th General Assembly," 2 vols., Jeffer- 
son City, Mo.] 

Sec. 10465. A university is hereby instituted in this State, the government 
whereof shall be vested in a board of curators. 

Sec. 10466. The university is hereby incorporated and created a body politic, 
and shall be known by the name of " The Curators of the University of the State 
of Missouri," and by that name shall have perpetual succession, power to sue and 
be sued, complain and defend in all courts; to make and use a common seal, and 



LAWS RELATING TO LAND-GRANT COLLEGES. 89 

to alter the same at pleastire; to take, purchase, and to sell, convey, and otherwise 
dispose of lands and chattels: Provided, That the curators shall not have power 
to sell or convey any land contained within the university camptis. 

Sec. 10467. The board of curators of the University of the State of Missoiiri 
shall hereafter consist of nine members, who shall be appointed by the governor, by 
and with the advice and consent of the Senate: Provided, That not more than one 
person shall be appointed upon said board from the same Congressional district, 
and no person shall be appointed a curator who shall not have attained the age of 
31 years, or who shall not be a citizen of the United States, and who shall not 
have been a resident of the State of Missouri two years next prior to his appoint- 
ment. Not more than 5 cxirators shall belong to any one political party. 

Sec. 10468. The term of service of the curators shall be six years, the terms of 
three expiring every two years, the first expiring occurring on the first day of Jan- 
uary, 1901, and succeeding expirations of three naembers every two years there- 
after. Said curators while attending the meetings of the board shall receive their 
actual expenses, which shall be paid out of the ordinary revenues of the university. 

Sec. 10469. The board of curators shall appoint anniially three of their ntmiber 
to act as an executive board, who shall meet each month, for the purpose of audit- 
ing claims and attending to such other business as may be intrusted to them by 
the board of curators not inconsistent with this article. The members of the 
executive board shall receive $5 per day for each day they shall attend the monthly 
meetings, together with their actual expenses, to be paid as the expenses of the 
curators are paid. Said executive board shall be subject to change or removal at 
pleasure of the board of curators. The board of curators shall also appoint annu- 
ally three of their number to act as an executive committee of the school of mines 
and metallurgy, with like powers and compensation as those of the executive 
board at Columbia. Said executive committee shall also be subject to change or 
removal at pleasure of the board of curators. 

Sec. 10470. The governor shall, by and with the advice and consent of the sen- 
ate, fill all vacancies caused by the expiration of the term of office of any curator, 
and he shall also fill all vacancies occasioned by death, resignation, or removal, 
which may occur while the general assembly is not in session; but all such 
appointees shall continue in office only until the meeting of the general assembly 
next thereafter, and until their successors be appointed and qualified. All vacan- 
cies which may exist at or during the meeting of the biennial sessions of the gen- 
eral assembly, caused by death, resignation, or removal shall be filled in like man- 
ner as those created by the expiration of official terms, and shall be only for the 
unexpired time of the party whose vacancy is thereby filled. 

Sec. 10471. All appointments to fill vacancies, except such as may be made to 
fill out imexpired terms, shall be for the term of sis years, and until the succes- 
sors of such appointees shall be appointed and qualified. 

Sec. 10472. At all meetings of the board of curators seven members shall be 
necessary to constitute a quorum for the transaction of business. 

Sec. 10473. The curators shall have power to appoint and remove, at discretion, 
the president, professors, instructors, and other employees of the iiniversity; to 
define and assign their powers and duties, and to fix their compensation. 

Sec. 10474. The president and treasiirer of the university, residing at Colum- 
bia, and the treasurer of the School of Mines and Metallurgy, residing at Rolla, 
shall, at each annual meeting of the board, prepare and submit to the board a 
carefully prepared statement of the probable amount of income, as near as may 
be, of the university and all its departments for the year following, and the cura- 
tors shall thereupon make an estimate of the probable expenses of the institution 
and each of its departments for the ensuing year, based upon the statements above 
mentioned, and make the necessary appropriations to meet said expenses for the 
current year; and in no instance shall the board of curators create any indebted- 
ness in any one year above what they can pay out of the annual income of said 
year. 

Sec. 10475. The curators shall cause to be made annually a careful and complete 
inventory and appraisement of all property, real and personal, belonging to the 
university in every department thereof; and in order to preserve said property 
from waste or injury it shall be the duty of the board to prescribe such rules and 
regulations as shall secure a careful inspection of said property and comparison of 
the same with prior inventories. 

Sec. 10476. No person who is related by blood or marriage to any member of 
the board of curators of the university shall be appointed to any position in the 
university as officer, member of any faculty, or employee. 

Sec. 10477. There shall be two regular meetings of said board of curators in 
each year, to be holden in the university edifice, or in the town of Columbia. The 



90 EDUCATION EEPOET, 1903. 

annual meeting shall be held on the third Tuesday in December, and the semi- 
annual meeting on the Tuesday preceding the first Thursday in June, unless 
dififerent days shall be fised upon by said board. 

Sec. 10478. If any curator shall remove from the district in which he resided at 
the time of his appointment, or shall fail to attend any annual, semiannual, or 
regularly called meeting of the board, of which meeting he shall have had due 
notice, his office shall become at once vacant, unless such absence shall be caused 
by sickness, or some accident prevented his arrival at the time and place appointed 
for the meeting of the board of curators; and if a vacancy shall occur by death, 
resignation, or from any other cause, the governor shall, without delay, upon 
being informed of the fact by the secretary of the board of curators, fill such 
vacancy by appointment; and the person so appointed shall serve until the next 
regular meeting of the general assembly, and until his successor is appointed and 
qualified. 

Sec. 10479. The curators shall severally take an oath to support the Constitution 
of the United States and of this State and faithfully demean themselves in office. 
Sec. 10480. There shall be a president and vice-president of the board, who shall 
be chosen by the board from the members thereof; a secretary, a treasurer, and 
such other officers of the board as they shall deem necessary, who shall be appointed 
by the board, and hold their offices during the pleasure of the board. 

Sec. 10481. The president and, if he be absent, the vice-president, and if both 
be absent, a curator chosen for the occasion, shall preside at the meetings of the 
board. 

Sec. 10482. The president of the board, and until his election or in case of his 
absence or disability, any three curators, shall have power to call a special meeting 
of the board at the place of holding the annual meetings, provided, they give 
timely notice thereof, in such form as the board shall by by-law prescribe. 

Sec. 10483. Adjourned meetings may be ordered and held by the board at such 
time and place as shall be agreed upon by them. 

Sec. 10484. It shall be the duty of said board of curators to cause to be furnished 
to the legislature on or before the second Monday of each regular session thereof 
a list of the names of all the students that may have been taught at said institution 
during the two preceding years, giving the names, the ages, the place of residence 
of each, or the time that each one has been taught, as well as the tuition fees 
charged per session for the various branches of study. It shall likewise be the 
diTty of the board to furnish the legislature with an abstract of the amounts 
annually paid to the president, and each professor, instructor, or other employee 
of said institution, together with an itemized account of all other expenses of the 
institution. 

Sec. 10485. The secretary shall keep a journal of the proceedings of the cura- 
tors, in which the ayes and noes on all questions shall be entered if reqiiested by 
any one of the curators present. 

Sec. 10486. It shall be the duty of the secretary to keep and preserve all 
records, books, and papers belonging to the board; to prepare, under the direction 
of the board, all their reports, estimates, etc., and record the same in a book to be 
kept for that purpose, and generally to do and execute all such matters and things 
as belong to his office and may be required of him by the curators; and his com- 
pensation shall be fixed by the board. 

Sec. 10487. Any citizen of the State shall, at all times, have access to and be 
. permitted to take copies of any or all the records, books, and papers of the board. 
Sec. 10488. It shall be the duty of the treasurer to receive, keep, and disburse 
all moneys belonging to the board, and to perform all customary acts pertaining 
to his office, under the direction of the curators, and to make report of the same 
at the annual meeting of the board; his com^pensation shall be fixed by the board, 
provided that the same shall not exceed, for any one year, the sum of $150. 

Sec. 10489. The treasurer of the board shall, upon his appointment and before 
he enters upon the duties of his office, give bond to the State of Missouri, to the 
use of the curators of the University of the State of Missouri, with at least two 
good and solvent sureties, in such sum as may be required by the board, to be 
approved by the board and filed among their papers and records, conditioned that 
he will faithfully administer the university funds coming into his hands, and dis- 
burse and invest the same according to the directions of the board of curators; 
and such bond shall be renev/ed every two years or oftener if deemed necessary 
by the board of curators. 

Sec. 10490. The treasurer of the board of curators shall make out semiannually 
a full statement of his accounts, showing the amount of money which he has 
received and the items of expenditure, and when approved by the board a copy of 
the account shall be entered on the record. 



LAWS RELATING TO LAND-GRANT COLLEGES. 91 

Sec. 10491. The curators shall have power to make such by-laws or ordinances, 
rules,, and regulations as they may judge most expedient for the accomplishment of 
the trust reposed in them, and for the government of their of&cers and employees 
and to secure their accountability. 

Sec. 10493. The curators shall have the authority to confer by diploma, under 
their common seal, on any person whom they may judge worthy thereof, such 
degrees as are known to and usually granted by any college or university. 

Sec. 10493. Grants made to the curators for specific purposes and uses shall not 
be applied either wholly or in part to any other uses. 

Seo. 10494. It shall be the duty of the curators to provide for the protection 
and improvement of the site of the University of the State of Missouri as selected 
and established by law; to erect and continue thereon all edifices designed for the 
use and accommodation of the officers and students of the university, and to 
furnish and adapt the sa^me to the uses of the several departments of instruction. 

Sec. 10495. It shall be the duty of the president of the university, among other 
things, to superintend and direct the care and management of the institution and 
its grounds at Columbia, and to make and transmit to the curators, at each regu- 
lar meeting tiiereof , a report of the state and condition thereof, containing such 
particulars as the curators shall require. 

Sec. 10496. The president, professors, and instructors shall each have the care 
and management of the books and apparatus belonging to their respective depart- 
ments, and the librarian the care and superintendency of the library. 

Sec. 10497. All salaries of the officers, professors, instructors, and employees of 
the university shall be payable monthly, on the first day of the month following 
that for which their salary has accrued, or as soon thereafter as practicable, and 
it shall be the duty of the president of the board of curators to draw his warrant 
accordingly, on the treasurer of the board, payable to the order of the officer, pro- 
fessor, instructor, or other employee, as the case may be, therein named. 

Sec. 10498. Should the president or any professor, instructor, or other person 
holding office in the university by selection, appointment, contract, or engagement 
of the board of curators fail to discharge for any length of time his official duties, 
without having obtained the perraission of said board, the salary or compensation 
of such president, professor, instructor, or other person holding office in the uni- 
versity shall cease for the time he shall so fail to discharge his official duties, and 
no compensation shall be allowed for such time; but if said board shall be satis- 
fied that such president, professor, instructor, or other person holding office in 
the university as aforesaid, had good cause for failing to discharge his official 
duties, then no part of his salary or compensation shall be deducted or withheld 
on account of such failure. 

Sec. 10499. All youths, resident of the State of Missouri, over the age of sixteen 
years shall be admitted to all the privileges and advantages of the various classes 
of the practical, scientific, and literary departments of the University of the State 
of Missouri without payment of tuition, provided each applicant for admission 
therein shall possess such scholastic attainments and mental and moral qualifica- 
tions as shall be prescribed in rules adopted and established by the board of cura- 
tors; and provided further, that nothing herein enacted shall be construed to 
prevent the board of curators from collecting reasonable tuition fees in the law 
depai-tment and in the medical department and the necessary fees for supplies in 
the laboratories of the university or school of mines and establishing such fees for 
library and incidental expenses in other departments, not to exceed $5 per annum, 
as they may find necessary. 

Sec. 10500. No rule or regulation shall ever be established by the board which 
shall in any way limit the right of the students of the university or any of its 
departments to present their grievances and to ask for their redress by respectful 
petitions presented to the board. 

Sec. 10501. The secretary of state is hereby required to procure and furnish to 
the library of the lav/ department of the university five copies of every revision 
of the statutes made or approved by the general assembly of the State; five copies 
of each session act, whether regular, adjourned, or special; five copies of every 
report of the supreme court and of the courts of appeals hereafter issued and four 
copies of such reports heretofore issued as may be on hand, and five copies of such 
digests of said reports as m.ay be salected by the dean of said department; and he 
shall also procure and furnish to the general library of the imiversity and to the 
library of the school of mines tv/o copies of each and every official report and pub- 
lication issued by the State or any officer thereof; and, so far as he may be able to 
do so, he shall procure and furnish to said libraries two copies of each and every 
printed report of any corporation organized under the laws of this State or which 
may be authorized to do business therein. 



92 EDUCATION EEPOKT, 1903. 

Sec. 10502. He shall also, forthwith and from time to time, proctire for said 
libraries the current collated or revised statutes of the several States, so far as it 
can be done by exchanging for the same the statutes of this State named in the 
preceding section. He shall further supply to the department of history and 
political economy so many copies of each and every official report and publication 
issued by this State or any officer thereof, excepting reports of the supreme court 
and of the courts of appeals, as may be needed to exchange for similar publications 
of other States. 

Sec. 10503. Any person who shall knowingly sell, give, or in any manner dis- 
pose of any intoxicating liquor to any student of the University of the State of 
Missouri, or any school, or college, or academy in this State, shall be deemed guilty 
of a misdemeanor and shall, upon conviction, be punished by a fine of not less than 
$40 nor more than $400 or by imprisonment in the county jail not less than three 
months nor more than one year, or by both such fine and imprisonment; provided, 
that it shall be lawful for druggists to sell or give such liquor to any student upon 
the written prescription of a regular practicing physician in good standing; pro- 
vided, that nothing in this section shall be so construed as to apply to any 
mercantile or business college. 

Sec. 10504. There is hereby established a College of Agriculture and Mechanical 
Arts at Columbia and a School of Mines and Metallurgy at RoUa, provided for by 
the grant of the Congress of the United States, as distinct departments of the 
University of the State of Missouri, 

Sec. 10505. The leading objects of said colleges shall be to teach such branches 
as ftre related to agriculture and the mechanic arts and mining, including mili- 
tary tactics, and without excluding other scientific and classical studies, in order 
to promote the liberal and practical education of the industrial classes in the 
several pursuits and professions of life. 

Sec. 10506. That the obligation of the State to the General Government, assumed 
by the acceptance of the land grant of July 2, 1862, may be more fully discharged, 
and in order to promote the liberal and practical education of the industrial classes 
in the several pursuits and professions of life, the board of curators of the Univer- 
sity of the State of Missouri shall prescribe and adopt a liberal academic course of 
study to be taught in the School of Mines and Metallurgy, located at Rolla, in 
addition to the courses now taught in said school, and may confer the degree of 
bachelor of science upon all students who shall complete said course in said school 
to the satisfaction of the faculty thereof. 

Sec. 10507. To effect the leading objects of the colleges, as herein established, 
it is provided that the students and members thereof shall be admitted to the 
library, museums, models, cabinets, and apparatus, and to all lectures and 
instructions of the university which now exist or may hereafter exist, and to all 
other rights and privileges thereof, in a manner as full and ample as are the stu- 
dents of any other department in said university; and to provide for instruction 
in military tactics, as herein required, it is enacted that in case a system of mili- 
tary education shall be established by Congress the University of the State of 
Missouri is hereby required by law to make the necessary provisions for carrying 
out the plan so established in connection with the institution; and furthermore, 
there is hereby established and created a perpetual fund, to be styled the " fund 
of the College of Agriculture and Mechanic Arts," to be derived from the sale or 
lease of the 330,000 acres of land granted by Congress to the State of Missouri by 
virtue of an act approved July 2, 1862, and from all additions to the same from 
public or private bounty, the principal of which fund shall remain forever invio- 
late and undiminished, to be invested in the manner hereafter specified, and the 
income thereof shall be placed at the disposal of the board of curators of the 
imiversity of the State, three-fourths of which income shall be for the support of 
the College of Agriculture and Mechanic Arts aforesaid, and the remaining one- 
fourth for the support of the School of Mines and Metallurgy, in accordance with 
the provisions of this article and the acts of Congress aforesaid. (For the divi- 
sion of the subsidy of August 30, 1890, see section 10011 on p. 99; also section 
10533, p. 96.) 

Sec. 10508. The College of Agriculture and Mechanic Arts and the School 
of Mines and Metallurgy herein provided for shall have each a separate and dis- 
tinct faculty Yfhose officers and professors may be the same in v/hole or in part as 
the officers and professors in other colleges and departments of the university. 

Sec. 10509. The College of Agriculture and the Mechanic Arts and the School 
of Mines and Metallurgy shall have power to confer degrees suitable to their 
designs and courses of study. 

Sec. 10510. At the close of each university year the board of curators shall make 
a report to the governor in detail, exhibiting the progress, condition and wants of 



LAWS EELATINa TO LAND-GRANT COLLEGES. 93 

the sev^al colleges or departments of instruction in the university, the course of 
study in each, and the number and names of the officers and students, the amount 
of receipts and disbursements, together with the nature, cost, and results of all 
important experiments and investigations, and such other matters, including State 
industrial and economical statistics, as may be thought useful. The governor 
shall cause the same to be printed for the use of the general assembly and the 
people of the State, and shall cause one copy of the same to be transmitted by 
mail free of expense to all the colleges which may be endowed under the provi- 
sions of the act of Congress approved July 2, 1862, hereinbefore referred to, and 
also one copy to the Secretary of the Interior, and one copy to the Commissioner 
of Agriculture at Washington City. The governor shall cause the bulletins of 
the experiment stations to be printed as they are issued and separate from the 
annual report. 

Sec. 10511. [As amended by act of March 11, 1901.] Inasmuch as all trast 
funds committed to the management of the State are to be deemed a sacred deposit, 
and to be vigilantly guarded from waste or wrongful use, it is provided that a 
board of visitors, to consist of five persons, three at least of whom shall be citizens 
eminent in agriculture and mechanic arts, and not less than two graduates of the 
university, shall be appointed by the governor. It shall be the duty of said visit- 
ors to meet at the university on the second Tuesday of November of each year, 
and make personal examination into the condition of the university, and report 
the result to the governor, suggesting such improvements and recommendations 
as they may think important, which report shall be published VTith the annual 
report of the curators. In case of nonatt«ndance upon any annual meeting the 
office of any visitor shall become vacant in the same manner and with like effect 
as in the case of curators. The visitors shall receive, no per diem, but they shall 
have their actual expenses paid. 

Sec. 10512. The board of curators shall cause the lands which have been donated 
for the benefit of the College of Agriculture and Mechanic Arts to be examined, 
classified, and appraised by two or more competent agents, by them appointed, 
before the same are offered for lease or sale, and shall thereafter, either by direct 
action of the board or by a committee of its members, fix the price at theinterest 
of which said land may be leased or at which it may be sold; and the said board 
may at any time change said price or it may withhold or withdraw from sale or 
lease any specific tract or parts of land or may designate which tract or parcel 
shall be sold only for cash in hand, or may attach contiguous subdivisions of land 
not to exceed a quarter section that are not to be separated in their sale or lease. 
Should it be discovered that the number of acres to which the State is entitled by 
act of Congress has not been selected, located, and confirmed, the said agent shall 
forthwith select the additional number of acres from the vacant lands of the 
United States within this State, so as to secure the full amount of 330,000 acres 
granted by the United States, and shall in like manner and with full effect as the 
commissioners created by the act of the general assembly of Missouri, approved 
March 19, 1866, have the same set apart and withdrawn from entry on the books 
of the United States Land Office; and said agents shall receive the same compen- 
sation for said ser-sdces and for any and all other services performed in , appraising 
said lands and for any other service under this chapter as v/as allowed the com- 
missioners who selected the lands under said act of March 19. 1866, and they shall 
be paid in the same manner, and they shall also receive for their expenses a sum 
not to exceed $2.50 a day for each person. 

Sec. 10513. Any person who has heretofore made or may hereafter make actual 
settlement upon the lands of the College of Agriculture and Mechanic Arts shall 
be entitled to lease or purchase 320 acres or less, as he may choose, lying contigu- 
ous and including his improvement, in preference to any other person, his right 
being subject to the power of the board in regard to withholding or withdrawing 
from sale, or designating what may be sold for cash only, or what shall be attached 
for sale to adjacent subdivisions; and provided such settlers shall comply with 
the law and with the rules that may be adopted by the board in relation to lease 
or purchase, the same as is and shall be required by others: And it is further pro- 
vided, That at or before a day to be specified in a notice to be published by the 
board, which notice shall be published for four consecutive weeks in some news- 
paper published in the county in which the lands lie, or, if none be there pub- 
lished, in a newspaper as near as may be to said cotmty, the last insertion to be 
thirty days before the day named, such settler shall proceed to make proof of his 
claim in compliance with the rules aforesaid, or he shall forfeit all preference, 
and the lands shall be subject to lease or sale as other lands; And it is further 
provided, That the actual settlement referred to must be made prior to the first 
publication of the board herein referred to. 



94 EDUCATION REPORT, 1903. 

Sec. 10514. In case where any of said lands rnay be sold and a deea to the same 
is required to be made, the same shall be executed by the president of the board 
of curators, signed by him, with the seal of the corporation attached thereto, and 
attested by the secretary of the board. 

Sec. 10515. The School of Mines and Metallurgy shall be empowered to utilize 
all implements, instniments, charts, specimens, etc., and the board of curators 
may establish when they deem proper a professorship of geology, said geologist to 
supervise the geological surveys that may be made by the School of Mines and 
Metallurgy. 

Sec. 10516. There is hereby created the office of treasurer of the School of Mines 
and Metallurgy located in the county of Phelps, who shall be appointed by the 
board of curators and be subject to removal at their discretion. It shall be his 
duty to receive, keep, and disburse all moneys belonging to said School of Mines 
and Metallurgy, all moneys that shall be appropriated or apportioned for the pur- 
poses of said school, including one-fourth of the income arising from the fund of 
the College of Agriculture and Mechanic Arts, and all other money which may 
belong exclusively to the said school for building or for any other purpose. And 
th3 said treasiirer shall perform all customary acts pertaining to his office, under 
direction of the board of curators, and make report of the same at the annual 
mieetings of the board. 

Sec. 10517. The treasurer of the School of Mines and Metallurgy shall keep his 
office in the city of Rolla, and upon his appointment, and before he enters upon the 
duties of his office, give bond to the State of Missouri to the use of the curators of 
the University of the State of Missouri, with at least two good and solvent sure- 
ties, in a sum* not less than $-30,000, to be approved by the board and filed among 
their papers and records, conditioned that he will faithfully administer the funds 
of the School of Mines and Metallurgy coming into his hands, and disburse and 
invest the same according to the directions of the board of curators; and such 
bond shall be renewed every two years, or oftener if deemed necessary by the 
board. Until the next annual meeting of the board of curators such bond may be 
approved by the president of the board. 

Sec. 10518. The treasurer of the board of curators shall pay over to the treasurer 
of the School of Mines and Metallurgy, as soon as he shall be appointed and his 
bond approved, and at all times hereafter, all moneys, bonds, and all property 
whatsoever in his hands which have been donated, or which have been or here- 
after may be appropriated or apportioned, or in any manner belonging to said 
school for its support, or for any other purpose. 

Sec. 10519. At each annual meeting of the board of curators the treasurer of the 
School of Mines and Metallurgy shall make out a full statement of his accounts, 
showing the amount of money which he has received according to the provisions 
of this article, as well as the items of expenditures, and when approved by the 
board a copy of the account shall be entered upon the record. He shall also fur- 
nish the board of curators an abstract of the amounts annually paid to the director 
and every professor, instructor, or other officer or employee of said school. 

Sec. 10520. The compensation of the treasurer of the School of Mines and Met- 
allurgy shall be fixed by the board of curators: Provided, That the same shall not 
exceed for any one year the sum of $150. 

Sec. 10531. The treasurer of the board of curators of the University of the State 
of Missouri at Columbia, and the treasurer of the School of Mines and Metallurgy, 
located in the county of Phelps, shall each be held accountable upon their official 
bonds, respectively, for all moneys and property which may come into their hands 
belonging to the university or any of its departments: Provided, That the treasurer 
of the board of curators at Columbia shall not beheld accountable for any moneys 
or other property which may come into his hands belonging to the School of Mines 
and Metallurgy after the same shall have been paid over under the law to the 
treasurer of the School of Mines and Metallurgy at Rolla, nor shall the treasurer 
of the School of Mines and Metallurgy be held accountable on his official bond for 
any moneys which may come into the hands of the treasurer of the board of cura- 
tors at Colum.bia and which may not have been paid over to the treasurer of said 
School of Mines and Metallurgy— the purpose of this section being to separate the 
funds and property belonging to each institution, and to hold the treasurers, 
respectively, responsible upon their official bonds only for all moneys and property 
which may come into their hands, and which belong to the institutions of which 
they are the treasurers. 

Sec. 10522. There is hereby created and especially established a fund for the 
support of the University of the State of Missouri, the College of Agriciilture and 
Mechanic Arts, and the School of Mines and Metallurgy to be denominated the 
" Seminary fund," which shall consist of: First, the proceeds of sale of seminary 



LAWS RELATING TO LAND-GRANT COLLEGES. 95 

lands as provided by act approved February 11, 1839, wliicli money is invested in 
a State certificate of indebtedness of $132,000, dated July 1, 1881, issued by the 
authority of act Marcli 23, 1881, interest to be applied as directed by the board of 
cin'ators. Second, the proceeds from the sale of 100 Missouri bonds, issued under 
act of March 29, 1872, represented by a State certificate of indebtedness of $100,000, 
dated January 22, 1884, issued under act of March 31, 1883, interest to be applied 
as directed by the board of curators. Third, the proceeds of the sale of the lands 
donated to the State of Missouri by the United States for the supi^ort of the Col- 
lege of Agriculture and Mechanic Arts and the School of Mines and Metallurgy, 
by act of Congress, approved July 2, 1862, represented by State certificates of 
indebtedness of the following amounts and dates: July 2, 1883, $242,000: Novem- 
ber 1, 1883, $5,000; Jamiary 30, 1884, $5,000; April 19, 1884, $35,000; April 2, 1885, 
$5,000; February 25, 1886, $5,000; January 1, 1888, $5,000; December 15, 1888, 
$5,000; May 15, 1889, $5,000; July 1, 1891, $5,000; May 15, 1893, $5,000; July 1,1895, 
$22,881.19; April 9, 1895, $5,000, representing a total of $349,881.19, now issued or 
any certificates, which may hereafter be issued under general or special act of the 
general assembly; one-fourth of the interest on these funds shall be paid to the 
treasvirer of the School of Mines and Metallurgy, at Rolla, for the maintenance 
of said institution, and the remainder to be applied for the maintenance of the 
College of Agriculture and Mechanic Arts. Fourth, the fund paid into the State 
treasury by authority of sections 10527, 10528, and 10530, represented by State cer- 
tificate of indebtedness, dated July 1, 1898, for the amount of $6,000, the interest 
to be applied to the maintenance of the State University, at Columbia. Fifth, the 
State certificate of indebtedness of $646 ,958. 23 , derived from ' ' direct tax ' ' received 
from the United States, dated April 1, 1891, issued under act of March 26, 1891, 
four-fifths of the interest to be applied for the maintenance of the State University, 
at Cohimbia, and one-fifth for the School of Mines and Metallurgy, at Rolla. 
Sixth, the James S. Rollins scholarship fund of $6,000, represented by a State cer- 
tificate of indebtedness, issued under act of March 31, 1883, and interest to be 
applied to the maintenance of the "James S. Rollins University Scholarship." 
Seventh, the proceeds of sales of lands donated to the School of Mines and Metal- 
lurgy, at Rolla, represented by a State certificate of indebtedness of $2,000, dated 
April 15, 1893, issued under act of March 81, 1883, interest on which shall be 
applied to the maintenance of the school of Mines and Metallurgy, at Rolla. 
Eighth, the State certificate of indebtedness of $3,000, issued under act of April 1, 
1895, dated April 1, 1896, four-fifths of the interest to be applied to the mainte- 
nance of the State University, at Columbia, and one-fifth to the School of Mines 
and Metallurgy, at Rolla, and also any other certificates v/hich may hereaftor be 
issued and held in trust for this fund under any general or special act of the gen- 
eral assembly. Ninth, the unclaimed i)roceeds of partition sales, as provided by 
act approved March 6. 1893, and by section 10530. 

Sec. 10523. The seminary fund shall be and remain a permanent fund to be 
invested in accordance with the provisions of this chapter, and each division 
thereof aforesaid, constituting the same, shall be devoted exclusively to the pur- 
poses and objects expressed in the act of Congress or of the legislature relating 
thereto. 

Sec. 10524. The State auditor and the State treasurer shall, respectively, perform 
like duties and possess the same powers in relation to the seminary fund and 
income, as they respectively are or may be required to perform or exercise in rela- 
tion to public school funds and moneys, and shall account themselves, and shall 
require others to account to them, in the same manner as in relation to public 
school funds and moneys, except in cases otherwise provided. 

Sec. 10525. The governor, the secretary of state, and attorney-general shall, by 
virtue of their respective oiSces, be commissioners of the " Seminary fund." 

Sec. 10526. The certificates of indebtedness authorized to be issued to the per- 
manent school fund of the State by act of March 23, 1881, and the certificates of 
indebtedness issued to the seminary fund shall be and remain sacred and irrevoca- 
ble obligations of the State, unconvertible and., untransferable from the purposes of 
their issue, but shall remain as so much of the permanent school fund and of the 
seminary fund as is represented in their amounts, respectively. 

Sec. 10527, Hereafter whenever anj^ of the remaining lands of the College of 
Agriculture and Mechanic Arts shall be sold amounting to $5,000 and proceeds 
of sale thereof paid into the State treasury, a certificate of indebtedness shall be 
issued, pa.yable twenty years after date, bearing interesfc at the rate of 5 per cent 
per annum, payable semiannually, and held in trust by the State as part of the 
seminary fund. 

Sec. 10528. Said certificate of indebtedness shall be signed by the governor, 
countersigned by the secretary of state, and sealed by the great seal of the State; 



96 EDUCATIOlf EEPOET, 1903. 

shall be nonnegotiable, and shall be sacredly held and preserved in the State treas- 
ury as part of the seminary fund of the State. 

Sec. 10529. The board of fund commissioners are hereby authorized and directed 
to place to the credit of the ' ' seminary fund ' ' all sums of money which have been 
or may hereafter be paid into the State treasury as the unclaimed proceeds of sales 
in partition under the provisions of the act of the general assembly approved 
March 6, 1893. For every amount so placed to the credit of the seminary fund 
the board shall issue a State certificate of indebtedness in like form and manner 
as other certificates issued under this act, due thirtj'- years after date, and bearing 
interest at the rate of 5 per cent per annum from date, payable semiannually. 
Upon payment to any beneficiary of his share of the proceeds of sale under the 
terms of said act of March 6, 1893, the certificate issued thereon shall be canceled. 
Should any portion of the amount of any canceled certificate be withdrawn irom 
the treasury a new certificate for the remainder shall be at once issued. The State 
auditor shall notify the secretary of the board of curators v/hen any certificate 
is issued or canceled under the terms of this section. 

Sec. 10530. Hereafter when any moneys shall be paid into the State treasury, 
from whatever source derived, whether by gi'ant, gift, devise, or from any other 
source, to be added to either the "public school fund " or the '"seminary fund " 
of the State, and when the same shall amount to $1 ,000 the said board of fund 
commissioners shall issue a certificate of indebtedness of the State of Missouri like 
that provided for in sections 10527, 10538, and 10529, and in- accordance with the 
terms of the gift, grant, or devise making addition to the public school fund or 
the seminary fund of the State, except in cases where moneys are acquired by 
special gift or devise a separate certificate shall be issued for each gift or devise 
and for the amount of such gift or devise, said certificate to be made payable 
twenty years after date, the interest thereon, to be paid semiannually, to be for- 
ever used and appropriated in accordance with law, and the gift, grant, or devise 
providing said fund for public educational purposes, under Article XI of the con- 
stitution of this State and an act approved March 16, 1881, entitled "An act to 
encourage and increase the public school fund of the State by grant, gift, or 
devise, as provided for in section 6 of Article XI of the constitution of Missouri, 
and to provide for its safe and permanent investment." 

Sec. 10531. The certificates of indebtedness authorized to be issued under this 
article to the permanent public school or seminary fund of the State shall specify 
the purposes to which said funds are dedicated, the source from which derived, 
and the disposition of the interest to be paid on the same; they shall be printed on 
good parchment paper, and shall be and remain sacred irrevocable obligations of 
the State, unconvertible and untransferable from the purposes of their issue, as so 
much of the permanent "public school fund" or "seminary fund," the interest 
thereon to be appropriated regularly in accordance with the terms of said certifi- 
cates, and to commence running from the payment of the money into the treasury 
of the State. 

Sec. 10532. The State of Missouri is hereby constituted the custodian and is 
made the trustee of all moneys which may be paid into the State treasury under 
this article and of the certificates of indebtedness which may be issued under the 
same, and the honor and good faith of the State are hereby pledged for the faith- 
ful performance of the trust herein created. 

Sec. 10533. [See also section 10507, supra, and section 10011, post.] All sums 
collected under the provisions of an act of Congress approved August 30, 1890, 
commonly known as the "Morrill bill," shall be paid as follows: One-six- 
teenth thereof for the benefit of the Lincoln Institute and one-fourth of the 
remainder to the treasurer of the school of mines at Ilolla,Mo.,and the remainder 
shall be paid to the treasurer of the State university for the benefit of the agricul- 
tural college. 

Sec. 10537. * * * And if the same ["property granted, given, or devised"] 
be in money, or after the property is converted into money, it shall be securely 
invested and sacredly preserved as a part of the ijublic school fund, as provided 
by the constitution of this State, whether the same be given for the free public 
schools or for the benefit of the University of the State of Missouri, and the annual 
income of which fund shall be invested, reinvested, appropriated, and disbursed 
and paid over according to the terms of the writing making such grant, gift, or 
devise, and for no other uses or purposes whatsoever. 

Sec. 10538. For all property or money received under this article by the State 
treasurer he and his sureties shall be responsible for the safe-keeping, investment, 
reinvestment, and disbursement of the same on his official bond. 

Ssc. 10539. In all cases where any such grant, devise, or bequest, or gift has 
been made by any person * * * in aid of the University of the State of Mis- 



LAWS RELATING TO LAND-GRANT COLLEGES. 97 

sotiri, and from any cause the terms of sucli grant, gift, devise, or bequest can 
not be executed or carried out according to the terms and conditions of the same, 
it shall be lawful for the person or persons having charge thereof or holding the 
same in trust, or any person interested therein, to file a petition in the circuit 
coiirt of the county where such grantor, donor, or testator died, setting forth all 
the facts connected therewith, and, in the discretion of the court in which said 
petition may be filed, an order may be made directing that the amount of such 
grant, gift, devise, or bequest shall be turned over to the treasurer of the State 
as a part of the public school fund [or of the seminary fund, as the case maybe?] , 
according to the terms and conditions of the article, and securely invested, rein- 
vested, and sacredly preserved; the annual income on which fund shall be faithfully 
appropriated, as near as may be, in meeting and carrying out the purposes and 
wishes of siich grantor, donor, devisor, or testator, according to the instrument of 
writing making such grant, gift, devise, or bequest. 

Sec. 10540. The State of Missouri is hereby constituted the custodian and trus- 
tee of all such funds, and pledges itself for the safe-keeping, investment, and due 
application of all funds, with the interest thereon, which may be deposited in the 
treasury in pursuance of this article. 

Secs. 10542-10560. [Refer to " the State veterinary surgeon" and prescribe his 
duties. As these sections appear in the "Revised Statutes" they form Article 
V of chapter 171, the caption of which is, "State University." This officer is a 
subordinate of the State board of agriculture. ] 

Sec. 10561. The military department of the University of the State of Missouri, 
as organized under section 1225, Revised Statutes of the United States, and sec- 
tion 10507 above, is created the Missouri State Military School. 

Sec. 10562. The corps of cadets of the Missouri State Military School shall con- 
sist of appointees of senators and representatives and such students as may vol- 
tmtarily enter such school. All appointments under this section shall be for the 
term of two years. Each senator and representative of the general assembly of 
Missouri shall have power to appoint a cadet frora his district by the 1st day of 
August of each year, provided that if there shall be no application for such cadet- 
ship in any such district by the 1st day of August in any year, then such appoint- 
ment may be made from, any other district in this State, provided that in case of 
death, resignation, or expulsion from the university of any cadet from such dis- 
trict, the senator or representative thereof may fill such vacancy at any time. 
All appointees under this section shall pass the required examination for admis- 
sion to the university. 

Sec. 10563. Cadets receiving instruction, as provided in the preceding section, 
shall be matriculated in all academic departments and in the College of Agricul- 
ture and Mechanic Arts of the university free from tuition and other fees. 

Sec. 10564. The corps of cadets, as provided in the preceding sections, shall 
have the military organization prescribed for the National Guard of the State and 
be reckoned a part thereof, and as such entitled to all provisions as are or may here- 
after be made for the National Guard of Missouri. 

Sec. 10565. The military government and discipline of the cadets shall be pre- 
scribed by regulations prepared by the faculty of the university and approved by 
the governor of the State. The officers of the corps of cadets shall be appointed 
and commissioned by the governor of the State upon the recommendation of the 
faculty of the university, and shall have powers conferred by said regulations. 

Sec. 10566. Cadets shall be individually responsible for all State property issued 
directly to them, and shall constitute a guard for the safe-keeping and preserva- 
tion of all university property. 

Sec. 299. All property which shall pass by v»^ill or by the intestate laws of this 
State from any person who may die seized or possessed of the same while a resi- 
dent of this State or if decedent was not a resident of this State at the time of 
death, which property or any part thereof shall be within this State, or any inter- 
est therein or income therefrom which shall be transferred by deed, grant, bar- 
gain, sale, or gift, made or intended to take effect in possession or enjoyment 
after the death of the grantor, etc. , to any person or persons, or to any body poli- 
tic or corporate, either directly or in trust, or otherwise, or by reason whereof any 
person or body politic or corporate shall become beneficially entitled in posses- 
sion or expectancy to any property or the income thereof, other than to or for the 
use of the father, mother, husband, wife, legally adopted children, or direct lineal 
descendant of the testator, intestate, grantor, bargainer, vendor, or donor, except 
property conveyed for some educational, charitable, or religious ptirpose exclu- 
sively, shall be and is subject to the payment of a collateral inheritance tax of 
$5 for each and every $100 of the clear market value of such property, and at 

ED 1903 7 



98 EDUCATION REPORT, 1903. 

and after the same rate for every less amotint, to be paid to the collector of rev- 
eiiiae of the proper county (and for the purposes of this article the city of St. Lonis 
shall be affected through its corresponding officers as if it were a county) for 
the use of the State, as hereinafter provided. 

Sec. 302. [As amended by act of March 9, 1901.] The moneys received by the 
State treasurer under the provisions of this article shall be deposited in the State 
treasury to the credit of the fund now existing in the State treasury and known 
as the " State seminary moneys," for the maintenance, support, and better equip- 
ment of the buildings, apparatus, books, instruction, etc., of the University of the 
State of Missouri, to an amount not exceeding in any one year the equivalent of 
one-tenth of one mill upon every dollar of the assessed valuation of taxable prop- 
erty of this State for the said year: Provided, that one-fifth of all such moneys so 
received shall be devoted to the use of the School of Mines and Metallurgy, a 
department of the said university: Provided further. That if the net amount 
deposited in any one year by the State treasurer under the provisions of this act 
to the credit of the " State seminary moneys " be not equivalent to one-tenth of 
one mill upon every dollar of the assessed valuation of taxable property of this 
State for the said year, it shall be the duty of the State treasurer to make good 
this deficiency out of the first moneys received under the provisions of this article 
in the next succeeding year: Provided further, That all said moneys shall be dis- 
bursed in pursuance of regular appropriations of the general assembly in accord- 
ance with the provisions of section 5691. 

Sec. 1011. Nothing contained in this article [chapter 12, private corporations, 
article 1, organizations, general powers, duties and liabilities, etc.] shall be con- 
strued to extend to any county or township, or to any public university, academy, 
seminary, or school incorporated by the laws of this State. 

Sec. 7723. The curators of the State University * * * shall report to the 
State superintendent of public schools on or before the 31st day of August of each 
year concerning the condition, improvements, and necessities of said institutions, 
which report shall be published as a part of the State superintendent's annual 
report. 

Sec. 8146. All saline and seminary lands, and all lands granted to this State by 
an act of Congress approved September 4, 1841, remaining unsold, maybe dis- 
posed of at private sale in sections, half sections, quarter sections, half quarter 
sections, and quarter quarter sections. 

Sec. 8147. The person wishing to purchase any of said lands shall pay into the 
treasury of the State the sum of $1.25 per acre for the tract he may wish to pur- 
chase; and the treasurer shall give to the person thus paying duplicate certificates 
stating the amount of money received, from whom received, the section or subdi- 
vision of a section sold, the township and range, and number of acres. 

Sec. 8398. It shall be the duty of the governor, on or before the 1st day of 
December, in the year 1883, and every two years thereafter, to appoint a special 
committee of three persons, consisting of one member of the State senate and two 
members-elect of the house of representatives, whose duty it shall be to visit and 
examine the asylums. State University, and other institutions of the State, except 
those at the seat of government. 

Sec. 8399. The committee appointed under the provisions of this article shall 
meet at the city of Jefferson at such time as may be designated by the governor, 
and, after first taking the oath of office prescribed for members of the general 
assembly, shall proceed to the seat of government; and such committee shall be 
authorized to employ one expert accountant to assist them in their work. 

Sec. 8400. The committee shall be authorized to administer oaths and examine 
persons under oath touching the management and administration of the affairs of 
said institutions, and shall have free access to all the papers, books, and records 
of said institutions; and such committee shall make a report of such visitation 
and examination to the general assembly within ten days after the organization 
of each regular session thereof, showing the condition and management of said 
institutions, the receipts of money from all sources, and the disbursement of the 
same, and such other facts and recommendations as may be deemed pertinent for 
the information of the general assembly. 

Sec. 8401. Each member of such committee and their accountant shall receive 
the sum of $5 per day for the time actually and necessarily employed in the per- 
formance of the duties required under this article, and also their actual traveling 
expenses necessarily incurred while in the performance of such duty —a statement 
of the number of days employed and the items of such expenses to be returned to 
the chairman of such committee— and the same shall be audited and allov/ed by 
the State auditor out of the contingent expenses of the general assembly, on the 
certificate of the chairman of the committee, approved by the governor. 



LAWS KELATING TO LAND-GEANT COLLEGES. 99 

Sec. 10005. There is hereby established, in connection with the Lincoln Institute 
at Jefferson City [originally a colored normal school] , an academic department 
for the higher education of the negro race, including a college and a preparatory 
school for said college, to be under the control of the board of regents of said 
institute. 

Sec. lOOOG. Said board may from time to time, and as the growing necessities 
of this department may demand, introduce such studies as are pursued in the aca- 
demic department of the State University; shall employ necessary instructors; 
shall confer by diploma such degrees as are usually conferred upon students and 
graduates of colleges, and shall have power to make such rules and regulations 
not in conflict with the laws of this State as they may deem necessary for the man- 
agement of said academic department. 

Sec. 10007. The president of the board of regents shall, in addition to his annual 
report to the State superintendent of public schools, as required by law, report in 
like manner the condition of the said academic department. 

Sec. 10008. There is hereby established [laws 1891] as a department of Lincoln 
Institute an industrial school, in order that the negro youths of this State may 
receive instruction in those branches of study relating to agriculture and the 
mechanic arts, and thereby fit themselves to engage in the useful trades. 

Sec. 10009. The said industrial department shall be under the control of the 
board of regents of Lincoln Institute, who shall employ teachers, confer by diploma 
such degrees as are usually conferred in schools of a similar character, and shall 
have power to make such rules and regulations as they may deem necessary for 
the govemmeiit of this department. 

Sec, 10010. The president of the board of regents of Lincoln Institute shall, in 
addition to his annual report to the State superintendent, report in like manner 
the condition of the said industrial department. 

Sec. 10011. The Agricultural and Mechanical College and the School of Mines 
and Metallurgy of the State of Missouri, established exclusively for the benefit of 
white students, shall receive annually such proportion of the money granted to 
the States and Territories for the more complete endowment and support of the 
colleges for the benefit of agriculture and mechanic arts, as provided in an act of 
Congress approved August 30, 1890, as the whole number of white children of 
school age (as appears by an annual return of the enumeration of such children 
to the State superintendent of public instruction) may bear to the whole number 
of such school age, both white and black, as may appear by said annual return to 
the State superintendent, as above provided, and the agricultural and mechanical 
college established by the provisions of this article at Lincoln Institute, for the 
exclusive benefit of colored students, shall receive the residue of said money 
granted, to be received and paid out as provided by section 10013. 

Sec. 10012. [Requires the superintendent of public instruction to certify cor- 
rectly the statistics required in section 10011 to the Secretary of the Interior of 
the United States.] 

Sec. 10018, [Requires the State treasurer to pay "to each of said colleges its 
just and proper proportion, as provided by section 10011, upon the order of the 
treasurers of each or other proper and legal authority."] 

Sec. 10014. The passage of this article and the execution in good faith of the pro- 
visions of the same shall be deemed to all intents and i)urposes a full and com- 
plete assent on the part of the State of Missouri to the act of Congress granting 
said money for the purposes aforesaid, as required by section 2 of said act of 
Congress approved August 30, 1890, with all the conditions and limitations 
imposed by said last-recited act of Congress upon the State of Missouri, and the 
State of Missouri pledges its faith and credit that it will on its part carry out 
and execute said conditions and limitations. 

Sec. 10015. [Requires the secretary of state, when requested by the board of 
regents, of Lincoln Institute, to forward to the Secretary of the Interior of the 
United States a certified copy of the act relating to the subsidy of 1890, and, fur- 
ther, to notify him when the buildings are ready for use.] 

Laws of 1901. [Appropriation act for the years 1901 and 1902 carries $5,000 for 
the support of the State cadets at the State University, one-half or less to be 
expended in each year of the biennial period which appropriation covers; for the 
support, maintenance, and improverovent of the State University at Columbia, 
$152,700, in addition to the regular income provided by law. For the support 
and maintenance of the Rolla School of Mines, $32,000; for the support, mainte- 
nance, and improvement of the Lincoln Institute, at Jefferson City, Mo., $42,590.] 

Ibid., act of April 17, 1901: Section 1. In order to aid in the development of the 
dairy industry of this State, there is hereby established in the College of Agricul- 



100 EDUOATIOK EEPOET, 1903. 

ture and Mectianic Arts of the University of the State of Missouri a chair of dairy 
husbandry. 

Sec. 3. The board of curators of the university shall, as soon as possible after 
the taking effect of this act, fill this chair by the appointment of a well-recognized 
expert in all matters pertaining to dairying and dairy husbandry. 

Sec. 3. The duties of the professor of dairy husbandry, provided for in the 
foregoing sections, shall be to give instructions in the practical details of "the 
selection, breeding, feeding, and management of dairy herds, of the production 
of mUk at the least cost, of the manufacture of butter, the different kinds of 
cheese, and the marketing of the same, to the farmers of the State by means of 
public lectures and practical demonstrations throughout the State, through the 
farmers' institutes, the public press, and the issuing of reports and bulletins on 
these subjects; also to give instructions in all these subjects and in creamery man- 
agement to the students in the agricultural college of the university. It shall be 
the further duty of the professor of dairy husbandry to make such ezperiments 
in the breeding and feeding of dairy cattle, in the handling of milk, and in the 
manufacture of butter and cheese at the experiment station as may be deemed 
[advisable?] by the dairy interests of the State and that the board of curators may 
direct. 

Sec. 4. [Appropriates $5,000.] 



MONTANA. 

Constitution, Article XI: Sec. 9. No religious or partisan test or qualification 
shall ever be required of any person as a condition of admission into any public 
educational institution of the State, either as teacher or student; nor shall attend- 
ance be required at any religious service whatever; nor shall any sectarian tenets 
be taught in any public educational institution of the State; nor shall any person 
be debarred admission to any of the collegiate departments of the university on 
account of sex. 

Sec. 11. The general control and supervision of the State University and the 
various other State educational institutions shall be vested in a State board of edu- 
cation, whose powers and duties shall be prescribed and regulated by law. The 
said board shall consist of 11 members, the governor, State superintendent of pub- 
lic instruction, and attorney-general being members ex officio; the other eight 
members thereof shall be appointed by the governor, subject to the confirmation 
of the Senate, under the regulations and restrictions to be provided by law. 

Sec. 12. The funds of the State University and of all other State institutions of 
learning, from whatever source accruing, shall forever remain inviolate and sacred 
to the purpose for which they were dedicated. The various funds shall be respec- 
tively invested under such regulations as may be prescribed by law, and shall be 
giiaranteed by the State against loss or diversion. The interest of said invested 
funds, together with the rents from leased lands or properties, shall be devoted to 
the maintenance and perpetuation of these respective institutions. 

[The following matter is taken from " The Codes and Statutes of Montana in force July 1, 1895, 
as amended and adopted by the fom-th legislative assembly, together with other laws continued 
in force, compiled by D. T. Wade, commissioner, annotated." 2 vols. Butte, Mont., 1895.] 

Sec. 1620. The Agricultural College of Montana is established and located at 
-, and has for its object instruction and education in the English language, lit- 



erature, and matheraatics, civil and mechanical engineering, agricultural chem- 
istry, animal and vegetable anatomy and physiology, the veterinary art, entomol- 
ogy, geology , and such other natural sciences as may be prescribed by the State board 
of education, political, rural, and household economy, agriculture, horticulture, 
moral philosophy, history, bookkeeping, and especially the application of science 
and the mechanical arts to practical agriculture in the field, and irrigation and 
the use of water for agricultural purposes. Such agricultural college may be 
connected with the State University, under such regulations as the State board of 
education may prescribe. 

Sec. 1621. The control and supervision of such college is vested in the State 
board of education, which may prescribe all rules therefor. 

Sec. 1622. The Agricultural College of the State of Montana is established and 
located at the city of Bozeman, or within 3 miles of the corporate limits of said 
city, upon such tract or tracts of land, conforming in the aggregate not less than 
80 acres, and as much more as shall be selected by the State board of education, 
as hereinafter provided; and said college has for its leading objects and purposes, 
without excluding other scientific and classical studies, and including military 



LAWS RELATING TO LAND-GEANT COLLEGES. 101 

tactics, to teach such branches of learning as are related to agriculture and the 
mechanic arts, in such manner as the State board of education and any subor- 
dinate boards, by such State board appointed, may prescribe. 

Sec. 1623. It shall be the duty of the State board of education, within ninety 
days from the date of the passage of this act, if then organized, but if not organ- 
ized then within ninety days from the organization of the said board, to select the 
site for the definite and permanent location of said Agricultural College of Mon- 
tana and agricultural experiment station, which site shall be at the city of 
Bozeman, or within 3 miles of the corpoi-ate limits of said city of Bozeman; and 
said State board of ediication shall at once take steps or proceedings for procuring 
the title to the tract or tracts of land so selected by them, and they may and are 
hereby empowered to enter into contracts, in the name of the State of Montana, 
for the purchase of said tract or tracts of land so selected, and may execute such 
obligations for the payment of the same as will mature when the probable income 
from the fund of said agricultural college and agricultural experiment station, or 
either of them, will pay for the same. The said State board of education are 
hereby authorized and empowered to accept, in the name of the State of Montana, 
such gifts of land and money as may be tendered to aid in the purchase of said 
site. They shall appropriate the same to that purpose and take the proper and 
necessary conveyances of said tract or tracts of land in the name of the State. 
All lands and money acquired as provided in this section shall be taken and held 
for the sole use and benefit of said agricultural college and said agricultiiral 
experiment station. 

Sec. 1624. The general control and supervision of such college is vested in the 
State board of education, which board may prescribe all rules therefor. « 

Sec. 1625. The governor, by and with the advice and consent of the State board 
of education, may designate and appoint an executive board, consisting of five 
members, at least three of whom shall be residents of the county wherein said 
institution is situated, which executive board shall have the immediate direction 
and control of the affairs of said college, subject only to the general supervision 
and control of said State board of education. Such executive board shall serve 
during the term of the State board of education, unless sooner removed. 

Sec. 1626. The executive board is authorized to choose and appoint a president 
and faculty of said college, who shall serve as such for such time and receive 
such compensation as the executive board may prescribe, subject to the approval 
of the State board of education. 

Sec. 1627. The executive board shall appoint a secretary thereof, who may also 
act as treasurer of said board and who may not be a member thereof, and such 
secretary and treasurer shall give bond with good and sufficient surety for the 
faithful performance of his duties as such and for the faithful accounting for 
and paying over to the said State board of education, to and for the use of said 
college, all moneys received by him. as treasurer, in such sums as said State board 
of education may prescribe. 

Sec. 1628. There is also located and established on the lands so to be selected by 
the State board of education, in connection with said agricultural college and 
under its direction, an agricultural experiment station, to aid in acquiring and 
diffusing among the people of the State of Montana useful and practical informa- 
tion on subjects connected with agriculture, and to promote scientific investiga- 
tion and experiments respecting the principles and application of agricultural sci- 
ence, which experiment station is established under and by virtue of the author- 
ity contained in the act of Congress entitled ' ' An act to establish agricultural 
experiment stations in connection with the colleges established in the several 
States, under the provisions of an act approved July 2, 1862, and of the acts supple- 
mentary thereto," approved March 2, 1887, and the provisions, donations, and 
benefits contained in said act of Congress, and in all other acts of Congress relat- 
ing to agricultural experiment stations and agricultural colleges now in force and 
all acts supplementary thereto or amendatory thereof are, by the State of Mon- 
tana, hereby accepted and adopted. 

Sec. 1629. Said agricultural experiment station is hereby placed under the super- 
vision and control of the State board of education, and the executive or subordi- 
nate board or authority who may be by the governor, by and with the consent 
and advice of the State board of education, appointed. 

Sec. 1630. The State board of land commissioners of the State of Montana is 
hereby authorized to issue bonds to the amount of $100,000; the minimum denomi- 
nation of such bonds shall be $250 and the maximum denomination $1,000 each, 
said bonds to be known as the ' ' Montana Agricultural College bonds, ' ' to bear date 

act. section 1621. 



102 EDUCATION EEPOET, 1903. 

July 1, 1895, to become due twenty-five years after date, and payable after ten 
years after date thereof; said bonds shall bear interest at the rate of not raore 
than G per cent per annum, payable semiannually on the 1st day of January and 
July of each year at the office of the State treasurer of the State of Montana. 
Said bonds shall run from the State board of land commissioners of the State of 
Montana to bearer, and shall be signed by the State board of land commissioners 
and countersigned by the secretary of state, who shall attach his seal thereto. 

Sec. 1631. The bonds provided for in section 1630 shall be issued and sold as 
soon as possible after the passage of this act. 

Ssc. 1633. All funds realised from the sale or leasing of the lands (being 50,000 
acres) granted by the United States to the State of Montana for the establish- 
ment and maintenance of an agricultiiral college, under and by virtue of the provi- 
sions of section 17 of the act of Congress, approved February 22, 1889, entitled "An 
act to provide for the division of Dakota into two States, and to enable the people 
of North Dakota, South Dakota, Montana, and Washington to form constitutions 
and State governments, and to be admitted into the Union on equal footing with the 
original States, and to make donations of public lands to such States," are hereby 
pledged as security for the payment of the principal and interest of the bonds 
authorized by this act [section 1630] , and ail moneys or revenue derived from the 
said lands or from any of them, whether on account of sale, lease, sales of tim- 
ber, or otherwise, are hereby set apart and shall constitute a fund for the payment, 
as hereinafter provided, of the principal and interest of the said bonds, which 
bonds shall be a first lien on said agricultural college bond fund. 

Sec. 1633. It shall be the dutj/ of the State treasurer to keep all moneys derived 
from the agricultural college lands hereinbefore mentioned in a separate fund, 
to be known and designated as the " agricultural college bond fund," and out of 
the money in such funds he shall pay, after approval by the State board of exam- 
iners (a) the cost and expenses of the issuing of the bonds herein provided for; 
(b) the interest on the bonds herein authorized, when due; and (c) when such 
bonds shall become payable he shall call in and pay them as rapidly as the 
money in such fund will permit, after providing for the interest. That in the 
event there shall not be sufScient funds in the agricultural college bond fund to 
pay the interest when due, the board of State examiners shall, by an order entered 
upon their minutes, cause warrants to be issued on the agricultural college bond 
fund for the amount of the interest due; and the warrants so issued shall draw inter- 
est at the rate of 6 per cent per annum; and said warrants shall be paid by the 
treasurer as soon as sufficient funds accumulate in said ftmd to pay the same; and 
by reason of the delivery of said warrants to the holders of said bonds, in satis- 
faction of accrued interest, there shall be no default in the payment of interest. 

Ssc. 1634. It shall be the duty of the State treasurer to give notice, by adver- 
tising, for not less than two weeks, daily, in one newspaper published in the city 
of Helena, Mont. , and in one newspaper published in the city of New York, N. Y. , 
that he will on the 2d day of April, 1895, sell $100,000 of the bonds herein 
authorised, and will receive bids therefor, and said bonds shall on said day be by 
him sold to the highest bidder. 

Sec. 1635. The money derived from the sale of said bonds shall be used to erect, 
furnish, and equip buildings for the use and benefit of the Agricultural College of 
the State of Montana, at the city of Bozeman, in said State. 

Sec. 1636. Immediately upon the receipt of the money, the proceeds of the sale 
of said bonds, the State treasurer shall turn over the same to the treasurer of the 
agricultural college, and it shall be disbursed by him on orders of the executive 
board of the said agricultural college in the erection and furnishing of a suitable 
building or buildings for the use and benefit of the agricultural college upon plans 
and specifications first submitted to and approved by the State board of education: 
Provided, hoivever, That the general supervision of the construction and erection 
of such building or buildings and the furnishing and equipping thereof shall be 
under the control of the State board of education. 

Sec. 1637. Nothing in this act shall be so construed as to in any wise hold the 
State of Montana liable for the payment of the bonds herein authorized or interest 
thereon. 

Laws, Resolutions, and Memorials, 1897: Appropriation bill carries an item of 
$10,500 for maintenance and furnishing of agricultural college. 

Ibid., 1899: Appropriates $12,660 for furnishing and fitting the agricultural 
college. 

Ibid. , 1901 : Appropriates for 1901 , $10,000 for maintenance and $15,000 for steam- 
heating plant; for 1902, $10,000 for maintenance, $2,000 for irrigation, and $2,500 
for the erection of a dairy department. 



LAWS EELATING TO LAND-GEANT COLLEGES. 103 

NEBRASKA. 

Constitntion of 1875, Article VIII: Section 1. The governor, secretary of state, 
treasurer, attorney-general, aud commissioner of piiblic lands and buildings shall, 
under the direction of the legislature, constitute a board of commissioners for the 
sale, leasing, and general management of all lands and funds set apart for educa- 
tional purposes and for the investment of school funds in such manner as may be 
prescribed by law. 

Sec. 2. All lands, money, or other property granted or bequeathed or in any 
manner conveyed to this State for educational purposes shall be used and expended 
in accordance with the terms of such grant, bequest, or conveyance. 

Sec. 8. University, agricultural college, common school, or other lands which 
are now held or may hereafter be acquired by the State for educational purposes 
shall not be sold for less than $7 per acre, nor less than the appraised value. 

Sec. 9. All funds belonging to the State for educational purposes the interest 
and income whereof only are to be used shall be deemed trust funds held by the 
State, and the State shall supply all losses thereof that may in any manner accrue, 
so that the sam-3 shall remain forever inviolate and undiminished, and shall not 
be invested or loaned except on United States or State securities or registered 
county bonds of this State; and such funds, with the interest and income thereof, 
ai'e hereby solemnly pledged for the purposes for which they are granted and set 
apart, and shall not be transferred to any other fund for other purposes. 

Sec. 10. The general government of the University of Nebraska shall, under 
direction of the legislature, be vested in a board of six regents, to be styled " the 
board of regents of the University of Nebraska, ' ' who shall be elected by the electors 
of the State at large, and their term of oince, except those chosen at the first elec- 
tion as hereinafter provided, shall be six years. Their duties and powers shall be 
prescribed by law, and they shall receive no compensation, but may be reimbursed 
their actual expenses incurred in the discharge of their duties. 

Sec. 11. No sectarian instruction shall be allowed in any school or institution 
supported in whole or in part by the public funds set apart for educational pur- 
poses, nor shall the State accept any grant, conveyance, or bequest of money, 
lands, or other property to be used for sectarian purposes. 

[The following matter has been taken f i-om " The compiled statutes of the State of Nebraska, 
1881, with amendments, 1882 to 1901, comprising all laws of a general nature in force July 1, 1901, 

Eublished under the authority of the legislature by Guy A. Brown and Hiland H. Wheeler," 
lincoln, Nebr., 1901.] 

Sec. 5203. There shall be established in this State an institution under the name 
and style of The University of Nebraska. 

Sec. 5204. The object of such institution shall be to afford to the inhabitants of 
this State the means of acquiring a thorough knowledge of. the various branches 
of literature, science, and the arts. 

Sec. 5205. The general government of the university shall be vested in a board 
of six regents, elected by the electors of the State at large, according to the pro- 
visions of the constitution of 1875. Vacancies occurring in the board between one 
general election and another may be filled by the governor: Provided, always, 
That any person thus appointed to fill a vacancy shall hold his office until the next 
general election succeeding his appointment and no longer. 

Sec. 5206. The board of regents shall have full power to appoint their own pre- 
siding officer and secretary; and they shall constitute a body corporate to be 
known as "The regents of the University of Nebraska," and as such may sue 
and be sued, and may make and use a common seal and alter the same at pleas- 
ure. They may acquire real and personal property for the use of the university 
and may dispose of the same whenever the university can be advantaged thereby: 
Provided. They shall never dispose of grounds upon which buildings of the uni- 
versity are located without consent of the legislature. 

Sec. 5207. The regents shall have power, and it is made their duty, to enact 
laws for the government of the university; to elect a chancellor, who shall be the 
chief educator of the institution, and the prescribed number of professors and 
tutors and a steward; to prescribe the duties of all the prof essors and officers and 
to fix their compensation. They shall have power to remove any professor or 
officer, but only upon the proof of written charges and after affording to the per- 
son complained against an opportunity for defense. 

Sec. 5208. That on and after the publication of this act the professor of botany 
at t?ie State University shall be ex officio the acting State botanist; the professor 
of geology shall be ex officio the acting State geologist; the professor of chemistry 
shall be ex officio the acting State chemist, and the professor of entomology shaU. 
be ex officio the acting State entoi^ologist. 



104 EDUCATIOIf EEPOKT, 1903. 

Seo. 5209. It shall be the duty of these members of the faculty to give special 
attention to the interests of this State in their respective departments, to furnish 
all information requested by any official of this State, and to properly arrange 
and exhibit the collections in their departments, or some portion of these collec- 
tions, with si)ecial reference to showing the varied resources of this S'ate: Pro- 
vided, That this worlr shall be so conducted as not to interfere with their original 
duties as instructors at the university. 

Sec. 5210. No compensation shall be claimed or allowed on account of services 
rendered under the provisions of this act. 

Sec. 5211. The university may embrace five departments, to wit: (1) A college 
of literature, science, and art; (2) an industrial college, embracing agriculture, 
practical science, civil engineering, and the mechanic arts; (3) a college of law; 
(4) a college of medicine; (5) a college of the fine ai-ts. 

Sec. 5212. The regents shall be empowered to establish in these several colleges 
such chairs of instruction as may be proper and so many of them as the funds of 
the university may allow. They shall also be authorized to require professors to 
perform duties in more than one of the several colleges whenever they shall deem 
it wise and proper so to do. 

Sec. 5213. The governor shall set apart two sections of any agricultural-college 
land or saline land belonging to the State, and shall notify the State land commis- 
sioner of such reservation, for the purpose of a raodel farm as a part of the college 
of agriculture, and such land so set apart shall not be disposed of for any other 
purpose. 

Sec. 5214. The several buildings of the university shall all be erected within a 
radius of 4 miles from the statehouse. 

Sec. 5215. The regents shall, when the number of students in any particular 
branch of study shall require, elect one or more tutors to give instruction in such 
branch of study, but such tutors shall not be considered as belonging to the faculty 
of the college in which they may be employed. 

Sec. 5216. The immediate government of each college shall be by its own faculty, 
which shall consist of the professors therein, but no course of study shall be 
adopted or series of text-boots used without the approval of the board of regents. 

Sec. 5217. The board of regents shall have exclusive authority to confer degrees 
and grant diplomas, but each college may, in its discretion, grant rewards of merit 
to its own students. No student shall, tipon graduation, receive any diploma or 
degree unless he shall have been recommended for such honor by the faculty of 
the college in which he shall have pursued his studies. The regents shall also have 
power to confer the usual honorary degrees upon other persons than graduates of 
this university in recognition of their learning or devotion to literature, science, 
or art, but no degree shall be conferred in consideration of the payment of money 
or other valuable thing. 

Sec. 5218. The fee of admission to any college in the university shall be $5 each 
for all iDcrsons, and the amount arising therefrom, together with all other tuition 
fees, shall be paid into the hands "of the university treasurer, and shall be held as 
a library fund, and the board of regents shall annually appropriate the same for 
the purchase of books for the university library. A reasonable course of study 
shall be prescribed by the board of regents precedent to admission, and no appli- 
cant who shall fail to pass an examination in any part of such course shall be 
admitted: Provided, Any person who shall produce a certificate from a county 
superintendent of common schools that he has passed honorably through the course 
of study prescribed in a high school under the common school laws of the State 
may be admitted without further examination. 

Sec. 5219. All persons residing within the State, and who shall fill the require- 
ments of the preceding section, maybe admitted to any organized college of the 
university, and students entering tlae college of literature, science, and art or the 
industrial college shall not be required to pay any other tuition fee than the 
matriculation fes during the terra of four years. All other students in these col- 
leges and all who elect to remain under instruction for a longer term than four 
years shall be required to pay such fees as the board of regents may determine. 
Students may be admitted to the colleges of law, medicine, andfinearts upon such 
terms and be required to pay such tuition and fees as the board of regents may 
determine. Persons not residents of this State may be admitted to the privileges 
of the university in any college or department thereof, if otherwise qualified, upon 
such terms as to the payment of tuition and other fees, in addition to a matricula- 
tion fee, as the board of regents may prescribe. 

Sec. 5220. The regents shall procure all text-books to be used in the university 
and shall furnish them to students at cost. The regents may, upon pr'oper evi- 
dence of the good character of any student and his or her ambition to acquire an 



LAWS RELATING TO LAND-GKANT COLLEGES. 105 

education and inability to provide his or licr own means therefor, donate to such 
student all test-books he or she may need, and by a two-thirds vote may appro- 
priate money to pay other expenses for such student, provided such student will 
render an immediate equivalent in personal service for such appropriation or give 
a sufficient obligation that he or she will reimburse the regents within five years. 

Sec. 5221. No person shall because of age, sex, color, or nationality be deprived 
of the privileges of this institution. Provision shall be made for the education of 
females apart frora male stvidents in separate apartments or buildings: Provided, 
That persons of different sexes of the same proficiency of study may attend the 
regular college lectures together. 

Sec. 5322. The regents shall provide a ruTe for attendance upon the agricultural 
college and civil engineering and scientific courses by persons whose employments 
are such as to allow of their pursuit of study only a portion of the year. 

Sec. 5223. The board of regents shall, at least ten days prior to the meeting of each 
regular session of the legislature, transmit to the governor, to accompany his mes- 
sage, a printed report of all their doings since their last report, giving in detail all 
receipts and expenditures of money and furnishing an estimate of ftittii'e income 
and expenses, a catalogue of professors, ofl&cers, and students for the year, with 
such other information and recommendations as will apprise the legislature fully 
of the conditions and wants of the university. 

Sec. 5224. The several funds for the support of the university shall be consti- 
tuted and designated as follows: (1) The permanent endowment fund; (2) the 
temporary university fund; (3) the university cash fund; (4) the United States 
" Morrill fund ; " (5) the United States experiment station fund. The permanent 
endowment fund shall be kept in two accounts: In the first account, all moneys 
derived as principal from the sale of lands donated to the State by the United 
States (to establish and endow a State university) under the act of Congress of 
April 19. 1864; in the second account, all moneys derived as principal from the 
sales of lands donated to the State by the United States to provide colleges for 
the benefit of agriculture and the mechanic arts by an act of Congress approved 
July 2, 1862. All moneys acquired by the university by donation or bequest 
(including money derived as principal from the sale of lands or other property so 
acquired) , where no particular object or purpose is specified by the donor or 
devisor, shall belong to either one of the two accounts of said permanent funds, 
as the board of regents may determine and order. Donations or bequests made 
for the benefit of the university (including moneys derived as principal from the 
sale of lands or other property so acquired) with particiTlar objects or uses speci- 
fied, and the interest or income of which only is to be used, shall belong to either 
of the said two accounts of the permanent fund, as the board of regents may 
determine and order. The interest and income of donations made withoiit special 
objects or tises specified may be used and applied by the board of regents to any 
needs of the university. The interest and income of donations made with partic- 
ular objects and uses specified shall be applied by the board of regents to such 
particular objects and uses only. All moneys belonging to the j)ermanent uni- 
versity fund shall be invested in the manner now provided by law for the invest- 
ment of the permanent school fund of the State, in the same kind of securi- 
ties and by the same officers charged with that duty by law. The permanent 
endowment fund shall never be appropriated by the legislature nor be expended 
for any purpose whatsoever. The temijorary university fund shall consist of the 
proceeds of the investments of the permanent fund; of the rental of the university 
and agricultural college lands leased, and the interest upon deferred payments on 
sales of the lands aforesaid; of the rentals or income of lands or other property 
donated without particular objects or uses being specified, and a tax of 1 mill upon 
the dollar of valuation of the grand assessment roll of the State, which tax shall be 
levied in the year 1899 and annually thereafter. All moneys accruing to this fund 
are hereby appropriated for the maintenance of the university, including buildings 
and permanent improvements, and the same may be applied by the board of 
regents to any and all university needs except the income from donations made 
for particular purposes, which income shall be used and applied as hereinbefore 
specified only. The university cash fund shall consist of the matriculation and 
diploma fees, registration fees, laboratory fees, tuition fees, summer "session" 
or school fees, and all other moneys or fees collected from students by the author- 
ity of the board of regents for university purposes. To this fund shall belong 
also ali moneys received from sales of live stock, farm products, dairy school 
products, or other like income from the experiment-station farm. The moneys 
accriiing to this fund shall be used for the following purposes exclusively: The 
matriculation and diploma fees, for the purcliase of books for the university 
libraries; the registration and summer school fees, to assist the maintenance of 



106 EDUCATION EEPORT, 1903. 

the siTminer school, school of agriculture, or other special schools; the laboratory 
fees, for laboratory expenses and the purchase of laboratory apparatus and sup- 
plies; the tuition fees, for instruction in and expenses of the various colleges or 
schools for which the same are collected; the income from the farm, for the general 
expense and up keep of the farm, its stock and equipment, farm labor, and minor 
repairs to farm property. All moneys accruing to the university cash fund are 
hereby appropriated to the specific uses hereinbefore mentioned, and shall at all 
times be subject to the orders of the board of regents accordingly: Provided, 
That no warrant shall be issued against said fund unless there is money in the 
hands of the State treasurer sufficient to pay the same. The board of regents 
shall cause all moneys which are received by its authority at the university from 
students thereof for any purpose mentioned in this chapter, also all moneys 
received at the university by the authority of said board from sales of farm prod- 
ucts, stock, or other property, to be paid over from time to time as the same are 
received to the State treasurer, to be placed to the credit of the proper fund: 
Provided, That the said board of regents may retain in its possession until the 
close of the summer school in each year a sufficient stim out of said moneys to 
make settlement with students having money on deposit for expenses in the 
various laboratories, to make equitable adjustment v/ith students who, having 
paid tuition or other fees in advance, may be necessarily called away from the 
institution for an indefinite period, and to provide against other like contingen- 
cies. The said board of regents may require its secretary, in addition to his other 
duties, to perform all acts necessary to carry into effect the provisions of this sec- 
tion relating to the university cash fund and the moneys belonging thereto. The 
United States "Morrill fund" shall consist of all moneys appropriated by the 
United States to this State for its university to aid instruction and to furnish the 
facilities for instruction in certain branches in accordance with the provisions of 
an act of Congress approved August 30, 1890. The said fund shall be applied 
exclusively to the uses and purposes prescribed by the act or acts of Congress 
relating thereto, and said fund is hereby appropriated accordingly, and shall at 
[all?] times be subject to the orders of the board of regents for the purpose speci- 
fied by act of Congress only. The agricultural experiment station fund shall con- 
sist of all moneys which may come into the possession of the State treasurer on 
and after July 1, 1899, accruing under an act of Congress approved March 2, 1887, 
entitled "An act to establish agricultural experiment stations in connection with 
the colleges established in the several States under the provisions of an act 
approved July 2, 1862, and the acts supplementary thereto ; " also all moneys 
which may hereafter be received by virtue of any act of Congress supplemental 
to said agricultural experiment station act and for the same purposes. The 
said experiment station fund is hereby appropriated to be applied exclusively to 
the uses and objects designated by the said act or acts of Congress relating thereto, 
and the same shall at all times be subject to the orders of the board of regents for 
expenditure for said uses only. The State treasurer shall be the custodian of all 
the funds of the university. Disbursements from the four fu::ds last named 
herein shall be made in accordance with the provisions of law relating to the dis- 
bursement of university funds in the hands of the State treasurer as provided by 
law. 

Sec. 5226. The regents shall meet at least twice in each year at the university 
building. They shall receive for their services no compensation, but they may be 
reimbursed their actual expenses incurred in the performance of their official 
duties. 

Sec. 5227. No stiperstructural work upon any building for the university shall 
be commenced until the designs and plans therefor shall have been submitted to 
the board of regents by the commissioners for public buildings, and the architect 
thereof shall be required, before allowing any such superstructure to be erected, 
to make such alterations in the plans and specifications as may be directed by a 
majority of the regents. 

Sec. 5228. The regents shall have power to enact laws for the government of 
the university; to elect a chancellor and the prescribed number of professors and 
tutors, and a steward; to prescribe the duties of all the professors and officers, 
and to fix the compensation. They shall have power to remove the chancellor, 
and any professor or tutor, when the interests of the university shall require it. 

Sec. 5229. The office of the treasurer of the university is hereby abolished, and 
the State treasurer is made custodian of the funds, to whom the present treasurer 
of the imiversity shall turn over, within sixty days, all moneys, securities, books, 
and papers pertaining to that office. 

Sec. 5230. Disbursements from the university fimd shall be made by the State 
treasurer upon warrants drawn by the auditor, who shall issue warrants upon 



LAWS EELATING TO LAND-GRANT COLLEGES. 107 

certificates issued by the board of regents, signed by the secretary and president. 
All money accriiing to the university fund is hereby appropriated to the use of 
the State university. 

Sec. 5232. All male students now attending or who may hereafter attend the 
University of Nebraska, and who are required by the rules and regulations that 
are or may be established by the board of regents of the university for the govern- 
ment of the military department to attend upon the studies or other exercises of 
said department, shall be organized under the form of the battalion into a body 
which shall be known and styled the "university cadets." 

Sec. 5233. The officers of the cadet battalion for duty at and while in attendance 
upon the iiniversity shall be appointed by the commandant in charge of the 
department, by detail of the General Government, and they shall be directly 
responsible to him in the discharge of all their duties as such officers. 

Sec. 5234. All persons holding appointments under the commandant of the 
military department of the university as officers of the cadet battalion at the time 
of their graduation from the university, between and including the ranks of second 
lieutenant and colonel, shall be certified with their proper rank to the governor 
of the State by the military officer in charge and the chancellor of the university, 
and thereupon the governor is authorized and directed to issue his commission in 
due form to all such persons so certified to him. All persons so commissioned by 
the governor shall hold their commissions as retired officers of the university 
cadets, liable to be called into service by the governor in case of invasion, insur- 
rection, or rebellion, in the same manner as the State militia. 

Sec. 5235. The adjutant-general of the State shall issue such arms, munitions, 
accouterments, tents, and equipments for the temporary or permanent use of the 
university cadets as the board of regents may require and the governor approve. 
All property so isstied and not intended merely for temporary use, or for con- 
sumption or expenditure, shall be receipted for to the adjutant-general by the 
chancellor or other proper officer of the university, and the same shall be subject 
to return upon demand of the adjutant-general whenever the necessities of this 
State require. 

Sec. 5236. The selection of officers of the university cadet battalion for duty 
during the attendance upon the institution shall be made upon a basis involving 
both scholarship and capacity and fitness for command, and according to such 
rules and regulations as the board of regents may prescribe. The board of regents 
shall make all needfiil rules and regulations to carry into effect the purposes of 
this act consistent with the constitution and laws of the State. 

Sec. 5237. The commandant or officer in charge of the military department of 
the university shall make quarterly reports to the adjutant-general of the State, 
showing the number, organization, discipline, and equipment of the university 
cadets. 

Sec. 5238. Whereas the Forty-ninth Congress of the United States, at its second 
session, passed an act commonly known as the "Hatch bill," to establish agricul- 
tural experiment stations in connection with the colleges established in the several 
States under the provisions of an act of July 2, 1862, and the acts supplementary 
thereto: and whereas said act of Congress provides among other things that it 
shall be the object and duty of said experiment stations to conduct original 
researches or verify experiments on the physiology of plants and animals; the 
diseases to which they are severally subject, with the remedies for the same; the 
chemical composition of useful plants at their different stages of growth; the com- 
parative advantages of rotative cropping as pursued under a varying series of 
crops; the capacity of new plants or trees for acclimation; the analysis of soils and 
water; the chemical composition of manures, natural or artificial, with experi- 
ments designed to test their comparative effects on crops of different kinds; the 
adaptation and value of grasses and forage plants; the composition and digestibil- 
ity of the different kinds of foods for domestic animals; the scientific and economic 
questions involved in the production of butter and cheese, and such other researches 
or experiments bearing directly on the agricultural industry of the United States 
as may in each case be deemed advisable, having due regard to the varying con- 
ditions and needs of the respective States or Territories; and whereas the said act 
of Congress declares that a leading object of the establishment of the said experi- 
ment stations is to aid in -acquiring and diffusing among the people of the United 
States useful and practical information on subjects connected with agriculture, 
and to promote scientific investigation and experiment respecting the pi'inciples 
and applications of agricultural science, and prescribes methods to this end, and 
also conditions and relations which are to be maintained between the United 
States and the institutions of learning established in the several States, and which 
are organized under the land-grant of 1862; and provides further that the grants 



108 EDUCATION EEPOET, 1903. 

of money authorized by the said act are made subject to the legislative assent of 
the several States and Territories to the purposes of said grants; and whereas the 
University of Nebraska, in the State of Nebraska, has established and maintained 
a college or department of agriculture, known and designated as the " industrial 
college, "in accordance with the provisions of said land grant of 1862; and whereas 
the act of the Forty -ninth Congress appropriates to this State the sum of $15,000 
per annum for the purposes and upon the conditions therein set forth, the same 
to be paid to the treasurer or other officer duly appointed by the governing board 
of said college to receive the same; and whereas the governor of this State has 
presented to the legislature his special message, with recommendations relating 
to the subject-matter hereof: Therefore, 

Sec. 5239. That full and complete acceptance, ratification, and assent is hereby 
made and given by the State of Nebraska to all of the provisions, terms, grants, 
and conditions and purposes of the grant made and prescribed by the said act of 
the Congress of the United States to establish agricultural experiment stations in 
the several States. 

Sec. 5240. Whereas by an act of the Congress of the United States approved 
August 30, 1890, there is appropriated to this State, for the use and benefit and the 
more complete endowment and support of the educational institution therein de- 
scribed, the sum of $15,000 for the year ending June 30, 1890, $16,000 for the year 
ending June 30, 1891, and so on until the sum of $25,000 is reached, at which last- 
named amount said Congressional appropriation is thereafter to remain fixed 
annually; and whereas it is provided by said act of Congress that the money thereby 
appropriated shall be applied to the more complete endowment and maintenance 
in the several States and Territories of colleges for the benefit of agriculture 
and the mechanic arts, which now are or may be hereafter established in accord- 
ance with an act of Congress approved July 2, 1862 (wherein no distinction on 
account of race or color is made in the admission of students) , and that said 
money shall " be applied only to instruction in agriculture, the mechanic arts, the 
English language, and the various branches of mathematical, physical, natural, 
and economic science, with special reference to their applications in the indus- 
tries of life and to the facilities for such instraction;" and whereas it is provided 
by said act of Congress that "no portion of said moneys shall be applied, directly 
or indirectly, under any pretence whatever, to the purchase, erection, preserva- 
tion, or repair of any building or buildings," and that if said moneys be dimin- 
ished or lost they shall be replaced by the State or Territory to which they belong, 
and that the grants of money authorized by said act of Congress are made subject 
to the legislative assent of the several States and Territories to the purpose of 
said grants (or upon the assent of the governor thereof during the recess of the 
legislature) ; and whereas it is provided by said act of CongreSs that the moneys 
thereby appropriated shall be paid ,from time to time to the State or Territorial 
treasurer or other officer who may be designated by law to receive the same, who 
shall, upon the order of the trustees of the college described in said act, immedi- 
ately pay the same over to the treasurer of the educational institution entitled to 
receive the same, and whereas the college of agriculture and the mechanic arts 
(now designated by law as the industrial college) of the University of Nebraska 
is the college novv' existing in this State organized under the provisions of the act 
of Congress of 1862, and thereby entitled to receive the moneys appropriated by 
the said act of Congress of August 80, 1890; and whereas the treasurer of the 
State of Nebraska has received the sum of $15,000, the first installment of money 
appropriated under the said act of Congress last named, in pursuance of the assent 
of the governor: Therefore, 

Sec. 5241. That full and complete acceptance, ratification, and assent is hereby 
made and given by the State of Nebraska to all and every one of the grants, pur- 
poses, terms, and conditions set forth in an act of the Congress of the United 
States approved August 30, 1890. 

Sec. 5242. That all moneys that nov/ are or may hereafter be received by the 
State treasurer or other State officer, in pursuance and by virtue of the said act 
of Congress, are hereby specifically appropriated and set apart solely for the more 
complete endowment, support, and maintenance of the college for the benefit of 
agriculture and the mechanic arts now existing in this State under the provisions 
of an act of Congress approved July 2, 1882, and designated by law as the indus- 
trial college of the University of Nebraska, and all of said moneys shall be imme- 
diately paid over by said treasurer to the authorities of said college, hereinafter 
designated, ^\dthout further warrant or authority than is contained herein. 

Sec. 5243. That for all intents and purposes of this act and of the said act of 
Congress, and to can-y the latter into full effect in this State, the board of regents 
of the University of Nebraska shall be "the trustees of the college," described in 



LAWS RELATING TO LAND-GEANT COLLEGES. 109 

tlie said act of Congress approved Angust 30, 1890, and referred to in the title of 
this act, and such fiscal officer as the said board of regents may name and desig- 
nate and appoint to receive and disburse said moneys under their orders shall, for 
all intents and purposes of this act and of the said act of Congress last mentioned, 
be the "treasurer " of the said college, and to this officer the State treasurer shall 
immediately pay over, upon the order of the said board of regents, all moneys 
which are novi^ in his hands, or which may be hereafter received by virtue of the 
said act of Congress for the use and benefit of said college. The said board of 
regents are hereby authorized and empowered to make such orders and regulations 
for the security, control, management, and disbursement of the said moneys as to 
them shall seem wise and jjroper and for the best interests of the college. 

Sec. 5344. That all moneys that may be received by the State treasurer, or other 
State officer, in pursuance and by virtue of an act of the Congress of the United 
States approved August 30, 1890, shall be immediately upon the receipt thereof 
paid over by said treasurer, or other officer, to the officer authorized to receive the 
same by the board of regents of the University of Nebraska, without further 
warrant or aiithority than is herein contained, in accordance vsdth an act of the 
legislature of the State. 

Sec. 21. That for the furtherance and promotion of the agricultural and horti- 
cultural interests of this State two experiment stations shall be established, one 
at or near Culbertson, Hitchcock County, and one at or near Ogalalla, Keith 
County, which stations shall be under the control and management of the State 
board of agriculture. 

[The oi;her sections of this act relate to the organization and object of these 
stations.] 

Sec. 720. The secretary of the board of regents of the State university shall give 
bond, with penalties, for $10,000. 

Sec. 4955. The State university and State agricultural college shall be united 
as one educational institution, and shall be located upon a reservation selected by 
said commissioners in said "Lincoln," and the necessary buildings shall be erected 
thereon as soon as funds can be secured by the sale of lands donated to the State 
for that purpose or from other sources. 



NEVA-DA. 

Constitution, Article XI: Sec. 4. The legislature shall provide for the establish- 
raent of a State university, which shall embrace departments for agriculture, 
mechanic arts, and mining, to be controlled by a board of regents, whose duties 
shall be prescribed by law. 

Sec. 5. The legislature shall have power to establish normal schools and such 
different grades of schools, from the primary department to the university, as in 
their discretion they may deem necessary, and all professors in said university or 
teachers in said schools, of whatever grade, shall be required to take and subscribe 
to the oath prescribed by this constitution. No professor or teacher who fails to 
comply with the provisions of any law framed in accordance with the provisions 
of this section shall be entitled to receive any portion of the public moneys set 
apart for school purposes. 

Sec. 6. The legislature shall provide a special tax, which shall not exceed 2 mills 
on the dollar of all taxable property in the State, in addition to the other means 
provided for the support and maintenance of said university and common schools. 

Sec. 7. The governor, secretary of state, and superintendent of public instruc- 
tion shall for the first fom- years and until their successors are elected and quali- 
fied constitute a board of regents to control and manage the affairs of the uni- 
versity and the funds of the same, under such regulations as may be provided by 
law. But the legislature shall at its regular session next preceding the expira- 
tion of the term of office of said board of regents provide for the election of a new 
board of regents and define their dxities. 

Sec. 8. The board of regents shall, from the interest accruing from the first 
funds which come under their control, immediately organize and maintain the said 
inining department in such manner as to make it most effective and useful, pro- 
vided, that all the proceeds of the public lands donated by act of Congress 
approved July 2, 1862, for a college for the benefit of agriculture, the mechanic 
arts, and including military tactics shall be invested by the said board of regents 
in a separate fund, to be appropriated exclusively for the benefit of the first-named 
departments to the university, as set forth in section 4 above; and the legislature 



110 EDUCATION EEPOET, 1903. 

shall provide that if through neglect or any other contingency any portion of the . 
fund so set apart shall be lost or misappropriated, the State of Nevada shall replace 
said amount so lost or misappropriated in said fund, so that the principal of said . 
fund shall remain forever undiminished. 

Sec. 9. No sectarian instruction shall be imparted or tolerated in any school or 
university that may be established under this constitution. 

Sec. 10. No public funds of any kind or character whatever — State, county, or 
municipal — shall be used for sectarian purposes. 

[The following Tnatttei' Is taken from The Compiled Laws of Nevada, in force from 1861 to 1900,, 
inclusive, Compiled and Annotated by Henry C. Cutting, of the Nevada Bar. Carson City, Nev.,. 
Andrew Mante, Superintendent of State Printing, 1900.] 

Sec. 1389. No member of said board [of regents of the State university] shall 
be interested directly or indirectly as principal, copartner, agent, or otherwise in 
any contract or expenditure created by the board or in the profits or results thereof. 
Any person violating the provisions of this section shall be deemed guilty of a mis- 
demeanor, and upon conviction thereof shall be fined in any sum not exceeding' 
$5,000, to which may be added imprisonment in the county jail for a period not 
exceediv g six months. 

Sec. 1390. There shall be established in the State university of Nevada a school 
for the instruction of teachers, in which shall be taught all the branches of instruc- 
tion which are taught in the common schools of this State, together with the 
theory and practice of teaching, school law, botany, psychology, and geology. 
There shall also be taught in said university chemistry, assaying, mineralogy, sur- 
veying, and geology, so far as they relate to the theory and practice of mining, 
agriculture, and the mechanic arts. There shall be taught in the preparatory 
department of said university typev/riting, shorthand, telegraphy, bookkeeping, 
and commercial law, so far as they relate to the practical affairs of life. 

Sec. 1391. The governor, the secretary of state, and the superintendent of pub- 
lic instruction shall constitute the board of regents of the State university until, 
the 1st day of January, 1889, and until their successors are elected and qualified. 
There shall be elected at the next general election, in the same manner as other 
State of&cers are elected, three qualified electors, who shall constitute the board 
of regents of the State university. The term of office of two of the regents so 
elected shall be four years from the 1st day of January, 1889, and lantil their suc- 
cessors are elected and qualified. The term of office of one of the regents so elected 
shall be two years from and after the 1st day of January, 1889, and until his suc- 
cessor is elected and qualified, and thereafter at each general election preceding 
the expiration of the term of office of any member of the board of regents a suc- 
cessor shall be elected in the same manner as other State officers are elected. The 
persons elected as regents under the provisions of this act before entering upon 
the duties of their office shall take and subscribe to the official oath and file the 
same in the office of the secretary of state. In case of vacan y in said board of 
regents after the same shall have been filled by election, as herein provided, the 
governor shall fill the same by appointment until the next general election, when 
such vacancy shall be filled by election as herein provided. 

Sec. 1392. The powers and duties of the board of regents are as follows: (1) To 
prescribe rules for their own government and for the government of the univer- 
sity; (3) to prescribe rules for the reports of officers and teachers of the university; 
(3) to prescribe the course of study, the time and standard of graduation, and the 
commencement and duration of the terms, and the length of the vacations of the 
university; (4) to prescribe the text-books and provide apparatus and furniture 
for the use of pupils; (5) to appoint a president of the university, who shall have a 
diploma from some recognised college of learning of good standing or some State nor- 
mal school, who has had at least five years of practical experience as an instructor, 
who is familiar with the modern methods of imparting instruction generally 
approved in the United States, and who shall be indorsed as to moral character 
and qualifications as an instructor by the president and faculty of three institu- 
tions of learning authorized by law to confer degrees: (G) to prescribe the duties 
of the president and fix his salary and the salaries of all other teachers in the uni- 
versity; (7) to require the president, under their direction, to establish and main- 
tain training or model schools find require the pupils of the university to teach and. 
instruct classes therein; (8) to control the expenditures of all moneys appropri- 
ated for the support and maintenance of the university and all moneys received 
from any source whatsoever; (9) to keep open to public inspection an account of 
receipts and expenditures: (10) to annually report to the governor a statement of 
all their transactions and all other matters pertaining to the university; (11) to 
transmit with such report a copy of the president's annual report; (13) to revok© 



LAWS EELATING TO LAND-GEANT COLLEGES. Ill 

any diploma by them granted on receiving satisfactory evidence that the holder 
thereof is addicted to drunkenness, is guilty of gross immorality, or is reputably 
dishonest in his or her dealings, provided that such person shall have at least 
thirty days' previous notice of such contemplated action and shall, if he or she 
asks it, b3 heard in his or her own defense. 

Sec. 1393. The board of regents shall have the power to appoint a chairman, who 
shall receive no compensation therefor, nor shall any member of the board of 
regents receive any compensation for his services except necessary expenses in 
attending meetings of the board. The board of regents may employ a clerk of 
said board, who shall receive a salary of $25 per month and who shall keep a full 
record of all proceedings of the board which shall at all times be open to public 
inspection, and said clerk shall not be a teacher in said university. 

Sec. 1394. The board must hold four regular meetings in each year and may 
hold special meetings at the call of the chairman of the board. 

Sec. 1395. The president of the university must make a detailed annual report 
to the board of regents, with a catalogue of pupils and such other particulars as 
the board may require or he may think useful. 

Sec. 1396. Upon the recommendation of the president of the university the 
board of regents shall issue to those v/ho worthily complete the ftill course of 
study in the school of mines, or in the school of agriculture, or in the school of 
liberal arts, or in any equivalent course that may hereafter be prescribed, a diploma 
of graduation, conferring the proper academic degree, from the Nevada State Uni- 
versity; and no diploma bearing the distinctive title " Nevada State University " 
shall be issued to anyone who has not completed the full course of sttidy as above 
set forth. Upon the recommendation of the president of the university the board 
of regents shall issue to those who worthily complete the full four years' course of 
study prescribed in the Nevada State Normal School, a department of the State 
university, a diploma of graduation, and said diploma shall bear ths heading " The 
Nevada State Normal School," and to all persons receiving this diploma the State 
board of education shall issue a State high school certificate of the first grade, 
good for five years. To the holders of the above State high school certificates of 
the first grade the State board of education shall grant a life diploma when 
said graduates of the Nevada State Normal School shall have completed at least 
five years of successful instruction in the public schools of Nevada or of any other 
State. Upon the recommendation of the president of the university, the board of 
regents shall issue to those who worthily complete the three years' course of study 
prescribed in the Nevada State Normal School a grammar grade diploma of gradu- 
ation, and said diploma shall bear the heading "Nevada State Normal School, 
Grammar Grade Diploma," and to all persons receiving this grammar grade 
diploma the State board of education shall grant a grammar grade State certifi- 
cate, good for five years. The board of regents may require said normal school 
graduates, before granting the diploma herein provided for, to sign the following 
obligation: " I hereby agree to report to the president of the university by letter 
at least twice a year for three years after my graduation and once a year there- 
after so long as I continue in the profession, of teaching, and when I shall leave 
the profession I will report the fact to him, with the cause therefor. A failure to 
make such reports may be considered sufficient cause for the revocation of my 
diploma." And, further, it is het'eby expressly provided, That the graduates of 
the Nevada State Normal School for the year 1895 shall receive their diplomas and 
State certificates according to the act of March 19, 1891, hereby amended. Upon 
the recommendation of the president of the university the board of regents shall 
issue to those who worthily complete the full course of study in any other depart- 
ment of the university not equivalent to a regular university course a diploma of 
graduation, biit said diploma shall bear the name of the department from which 
it is issued, and in no case to bear the heading of the regular university diploma. 

Sec. 1397. It shall be the duty of the president of the university to instruct in 
the university, and, under the direction of the board of regents, to manage all 
affairs connected with the institution, to employ assistant teachers and servants, 
purchase supplies, and make monthly statements to the board of regents of all 
receipts and expenditures, supported by vouchers. 

Sec. 1398. There shall be no discrimination in the admission of pupils on account 
of sex, race, or color; but no person shall be admitted who is not of good moral 
character, and who has not arrived at the age of 15 years and passed such an 
examination as shall be prescribed by the board of regents; and no person under 
said age shall hereafter be taught in said institution. 

Sec. 1899. Tuition shall be free. 
_ Sec. 1400. The State superintendent of public instruction must visit the univer- 
sity at least every three months, inquire into its condition and management, and 



112 EDUCATION EEPOET, 1903. 

report to the board of regents quarter-yearly tlie condition of tlie institution, with 
such suggestions as he may deem proper. 

Sec. 1401. All expenses incurred, of every name and nature, involving the pay- 
ment of money by or under the direction of the board of regents of the university, 
shall be passed upon by the board of examiners as other accounts against the 
State, and be paid out of the moneys appropriated for the university. 

Sec. 1402. It shall be the duty of the president of the State university, in addi- 
tion to his other duties as fixed by law, to cause to be analyzed by an assistant, 
teacher, or teachers employed at the State university any ores, mineral, soil, or 
water taken from within the boundaries of the State of Nevada, and sent by any 
citizen of said State for that purpose. Any citizen of the State may send any 
such substance and have the same analyzed free of charge and the result of the 
same returned to him by mail with as near as possible an explanation of their 
uses and value in market, and there shall be kept at the State university a book of 
record, open for inspection, under such rules as may be made by the regents, of 
all mineral, ores, or other matters so sent, with the history of such mineral or 
other matters, stating the name of the person or persons from whom received, the 
district and county from which it came, and all other matters that may be bene- 
ficial toiiching the same. A duplicate of the sample analyzed, as far as practi- 
cable, shall be kept at the university, properly labeled, so as to correspond to the 
record, and properly preserved. 

Sec. 1403. If the same kind of matter for analysis is sent from the same place, 
it shall not be necessary to analyze the same, but a duplicate of the analysis shall 
be sent by mail to the person desiring the same. 

Sec. 1404. Samples for analysis shall be analyzed in the order received. 

Sec. 1405. Sample assays for gold or silver shall be made, and when the value 
per ton exceeds $5 in gold the returns shall state the fact thus, " Test for gold." 
And when the value per ton exceeds $5 in silver the returns shall state the fact 
thus, "Test for silver." 

Sec. 1406. There is hereby created a board to be known as the honorary board 
of visitors of the Nevada State University. Said board shall consist of 15 mem- 
bers. The chief justice of the supreme court shall be ex ofl&cio a member and the 
chairman of said board. In the absence of said chief justice the members of the 
board may elect one of their number to act as temporary chairman. The term of 
office of the members of said board shall be two years from the date of their 
appointment and until their successors are appointed. 

Sec. 1407. The governor shall appoint and commission, within forty days after 
the passage of this act, from each coiinty one suitable and discreet person who 
is interested in higher education and who is an actual resident of said county as 
a member of said board. 

Sec. 1408. It shall be the duty of said board of visitors to meet annually at the 
seat of the Nevada State University during commencement week, and inspect the 
grounds, buildings, and equipment of said university, and also inquire into the 
actual state of the discipline, instruction, police administration, and other affairs 
or concerns of the university. The board of visitors shall report thereon to the 
governor within thirty days after each annual meeting, for the information of the 
people of the State and of the next succeeding legislature of the State, their action 
as such visitors, with their views and recommendations concerning the university, 
such as they shall deem wise and just and for the best interests of the university. 

Sec. 1409. The president of the university shall cause at least thirty days' notice 
to be given to the members of the honorary board of visitors of the time and 
place of their annual meeting. 

Sec. 1410. No compensation shall be made to the members of said board of vis- 
itors for their services or for their traveling expenses, but the board of regents 
shall pay out of the university contingent fund their expenses for board and lodg- 
ing while at the university. 

Sec. 1411. The agricultural experiment station, organized and established by 
the board of regents of the State university at and in connection with said State 
university, is hereby recognized and shall be continiied as a part of said State 
institution, and shall be conducted by a " board of control " hereinafter provided 
for, for the purpose of acquiring and diffusing among the people useful and prac- 
tical information on subjects connected with agriculture and to promote scientific 
investigation and experiment respecting the principles and applications of agri- 
cultural science, said State university having been established in accordance with 
the provisions of an act of Congress approved July 2, 1862. 

Sec. 1412. The board of control of said agricultural experiment station shall 
consist of the board of regents of the State university, and they shall organize said 
board and choose its officers. 



LAWS EELATING TO LAND-GKANT COLLEGES. 113 

Sk'. 1413. Tho board of control of said agrictilttiral experiment station shall, to 
the best of its ability, observe and carry out the requirements of "an act to estab- 
lish agricultural experiment stations in connection with the colleges established 
in the several States under the provisions of an act approved July 2, 1833, and of 
the acts supplementary thereto," approved by the President March 2. 1887. The 
said board of control shall have charge of the receipts, safe-keeping, and expendi- 
ture of all money appropriated by Congress for the benefit and use of said agri- 
cultural experiment station; they shall be allowed and paid all necessary expenses 
incurred by them severally in the discharge of their of&cial duties, but shall 
receive no salary or compensation for their services. 

Sec. 1414. Said board of control shall make a report at the end of each fiscal 
year to the governor, and 1,200 copies thereof shall be printed at the State print- 
ing office for general distribution by said board. The governor shall transmit all 
said annual reports to the legislature. 

Sec. 1415. The legislature of Nevada hereby gratefully assents to the purposes 
of all grants of money made heretofore and all which may hereafter be made to 
the State of Nevada by Congress, under the act of Congress the title of which is 
recited in section 1413 above, and agrees that the same shall be used only for the 
purposes named in said act of Congress or acts amendatory thereof or supplemen- 
tary thereto. 

Sec. 1416. The State university of this State was, and now is, established in 
accordance with the provisions of the constitution of the State of Nevada, and also 
in accordance with the provisions of an act of Congress approved July 2, 1862. 

Sec. 1417. The board of regents of said State university and agricultural, mining, 
and mechanical college are the proper trustees of same to receive and disburse all 
appropriations made to this State under the provisions of "an act to apply a por- 
tion of the proceeds of the public lands to the more complete endowment and sup- 
port of the colleges for the benefit of agriculture and mechanic arts, established 
Tinder the provisions of an act of Congress approved July 2, 1862." approved 
August 30, 1890, and all appropriations hereafter to be made under said act. 

Sec. 1418. Said board of regents shall make a report at the end of each fiscal year, 
in connection with its annual report to the governor, of other State university mat- 
ters, including the amotmts received and disbursed under the provisions of this 
act. The governor shall transmit all said annual reports to the legislature. 

Sec. 1419. The legislature of Nevada hereby gratefully assents to the purposes 
of all grants of money made heretofore and all which may hereafter be made to 
the State of Nevada by Congress, under the act of Congress the title of which 
is recited in section 2 of this act (section 1417 above) , and agrees that the same 
shall be used only for the purposes named in said act of Congress or acts amendatory 
thereof or supplemental thereto. 

Statutes, 1901, Chapter XLI: Section 1. The board of regents of the State uni- 
versity are hereby authorized and directed to contract and equip a suitable building 
upon the State land at Reno, to be known as a chemical and physical laboratory 
and used for purposes of instruction and research in chemistry and physics. 

Sec. 2. The building shall be of brick and stone and shall not exceed in cost the 
sum of $12,000. 

Sec. 3. Twelve thousand dollars are hereby appropriated for the construction 
and equipment of said building, and in no case shall a contract be entered into 
which shall exceed the sum of $12,000 for the erection and equipment of said 
building. 

Sec. 4. The money hereby appropriated shall be taken from the State school fund, 
and in its place shall be deposited twelve bonds of the State of Nevada of $1,000 
each, bearing interest at the rate of 4 per cent per annum. Said bonds shall run for 
twenty years, but shall be redeemable by the State at its pleasure after two years. 
Said bonds shall be signed by the governor a.nd State comptroller, countersigned 
by the State treasurer, and authenticated with the great seal of the State, and each 
bond shall state in substance that the State of Nevada owes its State school fund 
$1 ,000 . the interest on which sum , at 4 per cent per annum , the State of Nevada agrees 
to pay during the life of said bonds for the benefit of the common schools of the State. 
Said bonds may be lithographed, as is usual in similar cases, and deposited with 
the State treasurer. The interest on said bonds shall be paid semiannually, on the 
1st day of January and the 1st day of July of each year, on the written order of 
the State board of education to the State comptroller, directing him to draw his 
warrant for the amount of such semiannual interest on the contingent university 
fund. All sums derived from the interest on said bonds shall be paid into the gen- 
eral school fund for the support of the common schools of the State, and for the 

ED 1903 8 



114 EDUCATION EEPORT, 1903. 

regular and prompt payment of which the faith and credit of the State is hereby 
pledged. 

Sec. 5. For the fiscal year beginning January 1 , 1901 , and annually thereafter, stich 
an annual tax shall be levied and included in and be a part of the annual tax levy 
for the contingent university fund, not exceeding one-half of 1 cent on each $100, 
as may be necessary to pay the annual interes b on said bonds and create a sinking 
fund for their redemption and payment -at maturity, which tax, when collected, 
shall be held in said contingent university fund and applied only to the payment of 
said interest and bonds, as required by this act. (Approved Mar. 12, 1901.) 

Ibid. , 1901 , Chapter XLIX: Appropriates for the support of the State University 
$36,000, payable as follows: From the contingent university fund $36,000, and from 
the interest account, 90,000-acre grant [act Cong., July 2, 1862], $10,000. 

Ibid., 1901, Chapter XLV: Section 1. The board of regents of the State Uni- 
versity are hereby directed to construct and equip a suitable building upon the 
State land at Reno, to be used as a hospital for students who may be sick and in 
need of special care. 

Sec. 2. The building to be used as a hospital for students, and its equipments 
shall not exceed in cost the sum of $3,500. [The act then provides for five bonds 
of $700 to be substituted for money taken from the State school fund under the 
conditions of the fourth section of Chapter XLI above.] 

Ibid., 1901, Chapter LXX: Section 1. From and after the passage of this act, for 
the purpose of keeping the State on a cash basis without resorting to an onerous 
rate of taxation, the sum of $47,000 is hereby authorized to be borrowed for the use 
and benefit of the general fund of the State from the State school fund at such 
times and in such amounts as may be necessary to meet the requirements of the 
State government, and the sum of $20,000 is hereby authorized to be borrowed for 
the purpose of providing funds for the support and maintenance of the State Uni- 
versity, without resorting to an onerous rate of taxation, from the State University 
fluid and the university fund, 90,000-acre grant, for the use and benefit of the con- 
tingent university fund and interest account, 90.000-acre grant, at such times and 
in such amounts as may be necessary to meet the requirements of the State 
University. 



NEW HAMPSHIRE. 

Constitution, article 82: Knowledge and learning generally diffused through a 
community being essential to the preservation of a free government, and spreading 
the opportunities and advantages of education through the various parts of the 
country being highly conducive to promote this end, it shall be the duty of the 
legislators and magistrates in all future periods of this government to cherish the 
interest of literature and the sciences and all seminaries and public schools; to 
encourage private and public institutions, rewards and immunities for the promo- 
tion of agriculture, arts, sciences, commerce, trades, manufactures, and natural 
history of the country; to countenance and inculcate the principles of htimanity 
and general benevolence, public and private charity, industry and economy, hon- 
esty and punctuality, sincerity, sobriety, and all social affections and generous 
sentiments among the people: Provided, nevertheless. That no money raised by 
taxation shall ever be granted or applied for the use of the schools or institutions 
of any religious sect or denomination. [This proviso was added in 1877.] 

Laws, 1863, chapter 2732: Section 1. The State of New Hampshire hereby 
accepts the grant made to it by Congress, according to the provisions of an act 
donating public lands to the several States and Territories, which may provide 
colleges for the benefit of agriculture and the mechanic arts, approved July 2, 1862, 
and the governor is hereby authorized and instructed to give due notice thereof 
to the Secretary of the Interior, or other proper officer of the Government of the 
United States. 

Sec. 2. The governor is hereby authorized and instructed to receive by himself, 
or his order, from the Secretary of the Interior, or any other officer authorized to 
issue the same, all the land scrip to which this State may be entitled by the pro- 
visions of the before-mentioned act of Congress. 

Sec. 3. The governor, by and with the advice and consent of the council, is 
hereby authorized and instructed to appoint a commissioner, whose duty it shall 
be to take charge of the scrip received by this State, and to sell and transfer the 
same on terms to be approved by the governor and council: Provided, That no 
scT-ip shall be transferred and delivered to any purchaser thereof until the same 
shall have been fully paid for, and said commissioner shall pay the moneys so 



LAWS EELATING TO LAND-GRANT COLLEGES. 115 

receiTed to the treasurer of the State. Said commissioner shall give a bond with 
sufficient sureties, m the i)enal siim of $35,000, to ba approved by the govei-nor 
and council, that he will faithfully perform the duties of his office, and shall 
render full and accurate returns to them at the end of every six mouths, or oftener, 
if required to do so by them, of his proceedings under this act. The compensation 
of said commissioner shall be iixed by the governor and council, and the governor 
is hereby aiithorized to draw his warrants on the treasury for the same, and for 
all other necessary expenses arising out of the management and sale of said scrip. 

Sec. 4. The treasurer shall hold all the moneys received for the sale of said scrip 
and shall invest the same in accordance with the provisions of the fourth section 
of the before-mentioned act of Congress. The money so invested shall constitute 
a separate and perpetual fund, to be entitled " The fund for the promotion of edu- 
cation in agriculture and the mechanic arts," which shall be appropriated and 
the interest used in such manner as the legislature shall prescribe, and in accord- 
ance with the aforesaid act of Congress, and with which a special office and bank 
account shall be kept, so that the moneys shall not be intermingled with ordin- 
ary funds of the State; and of the state and condition of said fund the treasurer 
shall make an annual report to the legislature. 

Sec. 5. The governor, with the advice and consent of the council, is hereby 
authorized and instructed to appoint a committee consisting of 10 persons, one 
from each county, who from their profession and pursuits may, in their judg- 
ment, be best qualified for the duty, who shall, after the fullest inquiry and con- 
sultation, prepare a scheme for the establishment of a college for education in 
agriculture and the mechanic arts and make a printed report thereon to the legis- 
lature at its next June session. The compensation of said committee for their labor 
and expenses shall be determined by the governor and council, and the governor 
is hereby authorized to draw his warrants on the treasury for the same on receiv- 
ing their report. (Approved July 9, 1863.) 

Lav/s, 186G, chapter 421Q: Section 1. A college is hereby established, incorpo- 
rated, and made a body politic and corporate, by the name of the New Hampshire 
College of Agriculture and the Mechanic Arts, whose leading object shall be, 
without excluding other scientific and classical studies, and including military 
tactics, to teach such branches of learning as are related to agriculture and the 
mechanic arts, in conformity to an act of Congress * * * approved July 2, 
1862, and by that name may sue and be sued, prosecute, and defend to final judg- 
ment and execution, and shall be vested with all the powers and privileges and be 
subject to all the liabilities incident to corporations of a similar nature. 

Sec. 6. The trustees are authorized and empowered to locate and establish the 
college incorporated by this act at Hanover, in this State, in connection with 
Dartmouth College, and with that corporation to make all necessary contracts in 
relation to the terms of connection therewith, subject to be terminated upon a 
notice of one year given at any time after fourteen years. * * * The said 
trustees are also authorized and directed to furnish, so far as may be practicable, 
free tuition to indigent students of the college, and to make provision for the 
delivery of free lectures in different parts of the State upon subjects pertaining to 
agriculture and the mechanic arts. 

Sec. 7. All funds derived from the sale of the land scrip issued to the State of 
New Hampshire by the United States, in pursuance of the act of Congress herein- 
before mentioned, shall be invested in registered bonds of the State of New 
Hampshire or of the United States, which shall be delivered to the State treas- 
urer, who shall have the custody of the same, and pay over the income thereof, as 
it may accrue, to the treasurer of the College of Agriculture and the Mechanic 
Arts. (Approved July 7, 1866.) 

Laws, 1887, chapter 125: The sum of $3,000 is hereby appropriated annually to 
the New Hampshire College of Agriculture and the Mechanic Arts, to be annually 
expended in providing free tuition for all students in said college who are resi- 
dents of the State and in paying the general expenses of the college in such man- 
ner as the trustees may direct; the said sum to be drawn from the treasury in 
semiannual payments from any moneys not otherwise appropriated. (Approved 
August 24, 1887.) 

Laws, 1891, chapter 2: Section 1. The legislature of the State of New Hampshire 
hereby gives its assent to the purpose of and accepts for the benefit of the New 
Hampshire College of Agriculture and the Mechanic Arts the grants of money 
authorized by act of Congress approved August 30, 1890, for the further endow- 
ment and support of the colleges for the benefit of agriculture and the mechanic 
arts and " to be applied only to instruction in agriculture, the mechanic arts, the 
English language, and the various branches of mathematical, physical, natural 



116 EDUCATIOlSr REPORT, 1903. 

and economic science, with special reference to their applications in the industries 
of life and the facilities for such instruction," as provided in said act of Congress. 
Sec. 2. The treasurer of the New Hampshire College of Agriculture and the 
Mechanic Arts is hereby designated and authorized to receive all grants of money 
made to this State under the provisions of said act of Congress. 

Laws, 1891, chapter 12: Whereas Benjamin Thompson, late of Durham, in this 
State, died January BO, 1890, leaving a will and codicils thereto, which have been 
proved, approved, and allowed by the probate court cf the county of Strafford, by 
which he devised a large share of his property to the State of New Hampshire, in 
trust, for the establishment and maintenance of a school or college, to be located 
on his " Warner Farm." in said Durham, wherein there shall be thoroughly 
taught, both in the schoolroom and in the field, the theory and practice of agri- 
culture and other sciences connected therewith, and v/herein there may be taught 
such other arts and sciences as may be necessary to enable the State to fully avail 
itself of the donation of land made by the act of Congress of the United States 
approved July 9, 1863, entitled, etc.; and 

Whereas said bequest is made subject to certain provisos, conditions, and lim- 
itations set forth in the will and the codicil thereto, to which reference is made for 
the particulars thereof; and 

Whereas by one of said conditions it is provided that said bequest shall become 
null and void if the State does not accept the trust within two years from the time 
of the decease of said Thompson: Now, therefore, 

Section 1. The State of New Hampshire does hereby gratefully accept said 
bequest, subject to the provisos, conditions, and limitations set forth in said will 
as modified by the codicils thereto, and, in consideration thereof, does hereby 
promise to execute said trust in accordance Avith the terms of said will. 

Sec. 2. The State, in compliance with the requirements of said vrill and codicils, 
promises and guarantees to appropriate, and doss hereby appropriate, annually for 
the term of twenty years from and after said Thompson's death such sum as will 
pay a net annual compound interest of 4 per cent per annum upon the amount of 
the appraised value of the estate bequeathed and devised to the Stata as aforesaid, 
aside from the real estate situated in said Durham, after deducting therefrom the 
legacies given by the codicils to said will, and does hereby authorize and direct 
the State treasurer to credit said sums to the trust fund, as provided in the fourth 
section of this chapter. 

Sec. 3. The State, in further compliance with the requirements of said will and 
codicils, promises and guarantees to appropriate, and does hereby appropriate, 
annually for the term of twenty years from and after said Thompson's death the 
sum of $3,000 and such further sum as will pay a net annual compound interest 
of 4 per cent per annum upon said annual appropriations from the dates when 
they severally become a pa,rt of the trust fund until the expiration of the said term 
of twenty years, and does hereby authorize and direct the State treasurer to credit 
said sums to the trust fund, as provided in the following section. 

Sec. 4. The State treasurer, upon receipt of the estate devised to it by said will 
and codicils, shall open two accounts in a book provided for the purpose, as fol- 
lows: He shall open one account with ''The Benjamin Thompson trust fimd," 
and shall credit therein to said fund, under date of January 30, 1891, the amount 
of the appraised value of the estate received by the State, by virtue of said Thomp- 
son's will, together with a sum equal to 4 per cent upon said appraised value (not 
including the real estate situated in said Durham) , and on the 30th day of January 
in each year thereafter until and including January, 1910, excepting when such 
day falls on Sunday, and in such cases on the day preceding, he shall credit to said 
account a sum eqiial to 4 per cent upon the total amount of said trust fund, except- 
ing the appraised value of the real estate in said Durham, after the credits of the 
preceding year have been made. He shall open the other account with " The Ben- 
jamin Thompson State trust fund," and shall credit therein to said fund, under 
date of January 30, 1891, the sum of $3,000, together with a sum equal to 4 per 
cent upon said sum of $3,000, and on the 30th day of January in each year there- 
after, until and including January, 1910, excepting when such day falls on Sunday, 
and in such cases on the day preceding, he shall credit to said account a sum equal 
to 4 per cent upon the total amount of said triist fund after the credits of the pre- 
ceding year haA^e been made. 

Sec. 5. Tlie accounts so made shall represent the amount of the trust funds in 
the possession of the State; and the State guarantees to preserve them intact and 
unimpaired until they shall become available for opening and maintaining said 
school or college, and then to administer them as required by said will. 

Sec. 6. The State treasurer is hereby authorized to receive from the executors 
of said will the money, notes, bonds, stocks, and evidences of debt coming to the 



LAWS RELATING TO LAND-GEANT COLLEGES. 117 

State by virtue of the Avill and to give proper discharge therefor in the name of 
the State. 

Sec. 7. If any notes, bonds, stocks, or evidences of debt shall come to the State 
treasurer from said executors as a part of said estate, he may, with the approval 
of the governor and council, convert the same into money, selling the stocks and 
bonds by auction at the Boston Stock Exchange or such other place in Boston as 
property of that kind is usually sold. 

Sec. 8. All notes, bonds, stocks, and other evidences of debt coming into the 
possession of the treasurer and not converted into money as aforesaid shall be 
transferred to the State and be carefully preserved by the treasurer. The gov- 
ernor and council may authorize any person to vote upon any of such stocks at meet- 
ings of stockholders of the corporations to which the stocks appertain, and may 
authorize a sale and transfer thereof whenever they deem it to be for the interest 
of the State. 

Sec. 9. The governor and council are authorized to sell and convey any real 
estate coming to the State by virtue of the said will which the State has power 
to sell, in such manner and at such time as they shall think for the interest of the 
State, and may make and execute in the name of the State proper conveyances 
thereof upon payment of the consideration therefor to the State treasurer. 

Sec. 10. All money received from the sources aforesaid shall be used as soon as 
practicable after its receipt in paying and retiring outstanding indebtedness of 
the State; and the State treasurer shall keep an itemized and true account of all 
money and securities of any kind so received, and of the disposition made of the 
same and of the proceeds thereof, and shall give a full account thereof in his 
annual reports, and shall state in each annual report the exact condition of said 
funds. 

Sec. 11. [As amended by Laws, 1891, chapter 53, section 7.] The trustees of 
the New Hampshire College of Agriculture and the Mechanic Arts are hereby 
authorized and directed in behalf of the State to receive possession of the real 
estate in Durham coming to the State by virtue of said will, and to care for, con- 
trol, and manage it until it is needed for the uses of the school or college to be 
established as provided in the will. 

Sec. 12. The board shall make report of their doings in respect to such real estate 
in their annual reports. 

Sec. 13. In case the State shall desire to establish said school or college at any 
time before the expiration of twenty years from the time of the decease of the said 
Thompson, it shall, before using any of either of the funds aforesaid, raise and set 
apart such sums of money as will make said funds equal in amount to what said 
funds would become if accumulated during twenty years, and, having thus raised 
and set apart such sums of money, the State shall thereafter be relieved from the 
obligation of appropriating annually, for the balance of the said term of twenty 
years, the said sum of $3,000 and guaranteeing the net annual compound interest 
of 4 per cent thereon; and the State shall also be thereafter relieved from the 
obligation to provide for or guarantee any interest upon the amount of the appraised 
value of said estate, as hereinbefore provided. 

Sec. 14. The governor and council are authorized, in behalf of the State, to make 
and enter into such further stipulations with the executors of said will and to give 
such further guarantees as the executors shall require to secure the objects intended 
by said Thompson to be secured by his said will and codicils, and to affix the name 
and seal of the State thei-eto, and to do all other acts that may become necessary 
to secure the rights of the State under said will. 

Sec. 15. The said will and codicils shall be recorded in the office of the secretary 
of state. (Approved March 5, 1891.) 

Laws, 1891, chapter 52: Section 1. The trustees of the New Hampshire College 
of Agriculture and the Mechanic Arts, located at Hanover, in this State, are hereby 
instructed and required to terminate the location and agreement made and con- 
cluded on April 7, 1868, between the said New Hampshire College of Agriculture 
and the Mechanic Arts and Dartmouth College, by giving one year's notice of 
such termination, in writing, to the trustees of Dartmouth College as soon as prac- 
ticable after the time when this act shall take effect, in accordance with the terms 
of said agreement and of the act of incorporation of said New Hampshire College 
of Agriculture and the Mechanic Arts. 

Sec. 2. Upon the termination of the location and agreement aforesaid the said 
New Hampshire College of Agriculture and the Mechanic' Arts and the experi- 
ment station connected therewith shall be removed from Hanover to and located 
upon the " Warner farm." so called, of the late Benjamin Thompson, in the town 
of Durham, devised by the said Thompson to the State of New Hampshire by his 
last will and testament. 



118 EDUCATION REPORT, 1903. 

Sec. 3. The trustees of the New Hampshire College of Agriculture and the 
Mechanic Arts are hereby authorized and directed to sell, at public or private 
sale, the real estate, with the buildings thereon, acqr.ired by them by the deed of 
John Conant, dated September 16, 1870, * * * and all other real estate owned 
by said college in the town of Hanover, reserving the right to occupy the same 
until the removal of said college as hereinbefore provided, and to invest the pro- 
ceeds of such sales, so far as the same shall be derived from the sale of the land 
conveyed to said college by said Conant, in accordance with the terms expressed 
in his said deed, and the balance of said proceeds in aid of the erection and fur- 
nishing of buildings for the use of said college upon said "Warner farm. 

Sec. 4. [Repealed by Laws, 1893, chapter 43, section 3, q. v.] 

Sec. 5. The general government of said college of agriculture and mechanic 
arts is vested in a board of 13 trustees, and all vacancies hereafter occurring in 
said board shall be filled as follows: The governor of the State and the president 
of said college shall be trustees ex officio. The alumni of said college may elect 1 
trustee in such manner as said board may prescribe. He shall be a resident of 
the State, and his term of office shall be three years. All other trustees shall be 
appointed by the governor, with the advice of the council, 1 at least from each 
councilor district, and so classified and commissioned that the office of 3 trustees 
shall become vacant annually. Not more than 5 of the trustees appointed by the 
governor and coiincil shall belong to the same political party, and at least 7 of 
them shall be practical farmers. Seven members shall constitute a quorum for 
doing business, and not less than 7 affirmative votes shall be required to elect a 
president of said college. 

Sec. 6. The sum of $100,000 is hereby appropriated for the removal of said col- 
lege from Hanover to Durham and the erection and maintenance of suitable 
buildings for the purposes of said college. [Reimbursement of the State for these 
funds is provided for in Laws, 1893, chapter 73, q. v.] 

Sec. 8. This act shall take effect and be in fores from and after the day on which 
the estate devised and bequeathed to the State by the said Benjamin Thompson 
shall be turned over to and become the property of tLe State. The State treas- 
urer is hereby required to notify the trustees of said college of agriculture and 
the mechanic arts, in writing, of the reception of said estate immed.iately after it 
shall be turned over to the State as aforesaid. (Approved April 10, 1891.) 

Laws, 1893, chapter 43: Sec. 3. The State of New Hampshire hereby relinquishes 
to the trustees of Dartmouth College any rights which the State may have in Cul- 
ver Hall, at Hanover, and waives the payment by said trustees of the $15,000 appro- 
priated by the State July 9, 1869, in aid of the erection and furnishing of said 
Culver Hall; and the sum of $15,000 is hereby appropriated, to be paid out of any 
money in the treasury, in aid of the erection and furnishing of the buildings 
required for the use of the New Hampshire College of Agriculture and the 
Mechanic Arts upon the Warner farm, in Durham. (Approved March 29, 1893.) 

Laws, 1893, chapter 73: Section 1. The sum of $35,000 is hereby appropriated 
for completing and furnishing the buildings of the New Hamj)shire College of 
Agriculture and the Mechanic Arts in Durham, and for other purposes of said col- 
lege, and the governor is authorized to draw his warrant on the treasurer for said 
sum, from time to time, as the same shall be needed, and the same shall be paid 
to the treasurer of said college of agriculture and the mechanic arts and expended 
under the direction of the trustees. 

Sec. 2. To provide the funds appropriated by this act and to reimburse the State 
treasury for the amount appropriated by chapter 53 of the pamphlet laws of 1891, 
the State treasurer is hereby authorized to issue, under the direction of the gov- 
ernor and council, bonds or certificates of indebtedness in the name and in behalf 
of the State to an amount not exceeding the sum of $135,000, and the same shall 
be deemed a pledge of the faith and credit of the State. 

Sec. 3. Said bonds or certificates shall be dated July 1, 1893, and made payable 
in twenty years, at a rate of interest not exceeding 4 per cent per annum, payable 
semiannually on the 1st days of January and July of each year, such bonds to have 
interest warrants or coupons attached thereto, said bonds and coupons to be signed 
by the State treasurer and made payable at such bank in Boston as shall be desig- 
nated by the governor and council. 

Sec. 4. The treasurer shall keep a record of all the bonds disposed of by him, 
which shall contain the name of the person to whom any bond may be sold, the 
number thereof, the amount received therefor, and the date when the bond shall 
become due. 

Sec. 5. The Benjamin Thompson State trust fund, established in pursuance of 
the provisions of section 4, chapter 12. of the pamphlet laws of 1891 , and the require- 
ments of the will of the late Benjamin Thompson, vn.th all additions and accumu- 



LAWS RELATING TO LAND-GRANT COLLEGES. 119 

lations prior to and including January 30, 1910, are hereby appropriated for the 
payment of the issue of bonds authorized by this act, provided that on the last- 
named date the buildings erected in accordance with the provisions of chapter 53 
of the pamphlet lavv^s of 1891 and this act shall be in such condition as to meet 
the requirements of Benjamin Thompson's will. 

Sec. 6. The trustees shall elect three of their board, who shall have the sole con- 
trol of expending this appropriation, and shall complete the buildings and grade 
the grounds for which this appropriation is made, and make a detailed report of 
their expenditure to the governor, which report shall be published. (Approved 
April 1, 1893.) 

Laws, 1895, chapter 107: Section 1. A two years' course in practical and theo- 
retical agriculture is hereby established in said college, to which students shall be 
admitted who can pass a fair and reasonable examination in reading, spelling, 
writing, arithmetic, English grammar, and the geography and history of the 
United States, as may be approved by the trustees. In this course students are- 
not required to take higher mathematics or any foreign language. In addition, 
they may take any other exercises and studies for which they are qualified and 
which are provided by the college in other courses. Those who complete the two 
years' course, or its equivalent, shall receive diplomas as graduates of that course^ 
Those who take a part or the whole of this course may continue, for four years in 
all, to take in other courses, exercises, and studies for which they are qualified; 
and if they are qualified for a degree of a four years' course, they shall receive it.. 

Sec. 2. A department of horticulture, with a specialist in charge, is hereby 
established in said college. 

Sec. 3. Every student taking the two years' course, or during two years of any 
agricultural course, shall devote not less than ten hours a week during the college 
year, when practicable, under competent teachers, to practical instruction and 
manual training in branches of agriculture that require special knowledge and 
skill, one-third of which time may be devoted to suitable practical instruction 
and manual training in shopwork in wood and iron; but any student may be 
excused from such exercises for physical disability. At the request of parents or- 
guardians, students may be excused from some or all of such exercises by the 
trustees. A student excused from all, or substantially all, such manual exercises. 
at the request of parent or guardian, and not for sickness or other disability, shall 
not receive said diploma. 

Laws, 1897, chapter 75: The property of the New Hampshire College of Agri- 
culture and the Mechanic Arts is hereby exempted from taxation. 

Laws, 1899, chapter 42: Whereas Hamilton Smith, of Durham, in this State,. 
has offered to donate the sum of $10,000 to the State of New Hampshire for the 
benefit of the New Hampshire College of Agriculture and the Mechanic Arts for 
the purpose of establishing four scholarships, to be called the Valentine Smith, 
scholarships; and 

Whereas the said donation involves certain conditions, namely, that the siim of 
$400 be appropriated annually from the treasury of the State for the purpose of 
paying to the treasury of the said college interest upon said donation at the rate- 
of 4 per cent: Therefore, 

Section 1 . The State of New Hampshire does hereby accept said donation and. 
bind itself to fulfill the conditions as specified in the deed of gift, and does hereby 
promise to execute the said trust in full accord with the terms of said trust. 

Sec. 2. The State, in compliance with the conditions of the said trust, guaran- 
tees to appropriate and does hereby appropriate, annually, the sum of $400, namely,, 
interest upon the amount of $10,000. 

Sec. 3. The interest thus appropriated shall be computed from the date of the- 
receipt by the treasurer of the State of the $10,000 specified in the contract of gift. 

Sec. 4. Beginning with the date of said receipt by the treasurer of the State, 
said treasurer shall pay to the treasurer of the college, in semiannual installments,. 
the amount of $400 annually, as hereby appropriated. 



NEW JERSEY. 

[The following matter is taken from the "General Statutes of New Jersey, published under- 
the authority or the legislature by virtue of an act approved April 4, 1894, and a supplement 
thereto approved March 20, 1895, in 3 volumes," Jersey City, N. J., 1896.] 

Agriculture. Sec. 33. Whereas the governor of this State has received from the- 
Secretary of the Interior the scrip for public lands granted to the State of New 
Jersey by an act of Congress ot the United States approved July 2, 1862, and holds 
the same subject to such disposition as may be made by the legislature: Therefore,^ 



120 EDUCATION REPORT, 1903, 

The governor of this State, the attorney-general, the secretary of state, the comp^ 
troUer, in case sticli office be created, and the treasurer of the State, and their siic- 
cessors in office for the time being, are hereby appointed commissioners to take 
charge of snch scrip, and, as agents of the State, to sell and dispose of the sarae at 
such time or times, and in such mode as may appear to be most advantageous and 
safe, and in the name and on behalf of this State to convey and transfer the same 
to the purchaser or purchasers thereof, and to invest the avails thereof in the 
manner specially provided by said act of Congress. 

Sec. 34. Said coromissioners shall semiannually pay over the interest of the 
fund vs^hich may result from the sale of said scrip to the trustees of Rutgers Col- 
lege, in New Jersey, for the special purposes and upon the special conditions here- 
inafter set forth. 

Sec. 35. Said trustees shall devote said interest wholly and exclusively to the 
maintenance in that department of Rutgers College known as Rutgers Scientific 
School of such courses of instruction as (including the courses of instrtiction 
already established by said trustees) shall carry out the intent of said act of Con- 
gress in the m.anner specially prescribed by the fourth section of said act. 

Sec. 36. Said trustees shall furnish gratuitous education in said courses of 
instruction to pupils of said school in such manner as the legislature shall pre- 
scribe; the number of pupils to be so received gratuitously into said school shall 
be in each year such a number as would expend a sum equal to one-half of the said 
interest for the same year in paying for their instruction in said school if they were 
required to pay for it at the regular rates charged to other pupils of said school 
for the same year; said pupils so nominated and received shall be citizens of this 
State and shall be admitted into said school upon the same terms and subject to 
the same rules and discipline which shall apply to all other pupils of said school, 
with the single exception that they shall not be required to pay anything for their 
instruction. 

Sec. 37. The said trustees shall annually make and distribute the reports required 
by the fourth paragraph of section 5 of said act of Congress. 

Sec. 38. No portion of the said interest shall be paid over to said trustee? until 
they shall contract with this State, in such form as the said commissioners shall 
approve, to fulfill and perform all the duties and obligations imposed upon them 
by this act: Provided, That the said board of trustees shall, in their corporate 
capacity, obligate themselves to erect additional and adequate btiildings, as soon 
as the same may become necessary, without charge to or upon this State, and, in 
like manner, to furnish and provide a suitable tract of land conveniently located 
for an experimental farm. 

Sec. 39. There shall be appointed by the governor, with the advice and consent 
of the senate, a board of visitors, consisting of ten persons, tv/o from each Con- 
gressional district in this State, who shall hold their office respectively for five 
years and who shall in the first instance be so appointed that the term of office of 
two of the said board of visitors shall expire each year, and the governor shall in 
like manner appoint two annually thereafter and shall have power to fill all 
vacancies in the board, but the person so appointed to fill such vacancy shall only 
serve under such appointment until the next session of the senate and until an 
appointment shall have been made by the governor, with the advice and consent 
of the senate, and the person so appointed shall hold office only for the unexpired 
term of the person whose place he is to supply; and it shall be the duty of the board 
of visitors to visit the said school at least twice in each year and to m,ake report 
thereon to the legislature during the second we^'ik of the annual session. 

Sec. 40. The board of visitors shall possess general powers of supervision and 
control and shall report to the legislature such recommendations as to them may 
seem proper. ,, . , 

Sec. 41. The said board of trustees shall cause to be delivered annually m each 
county of this State one or more public lectures upon the subject of agriculture, 
free of charge. ■ 

Sec. 42. The students of agriculture and the mechanic arts shall be admitted 
into said college upon the recommendation of the board of chosen freeholders of 
their respective counties, and the number of students that a county shall at any 
one time be entitled to have in said college shall be equal to the number of rep- 
resentatives in the legislature to which such county is entitled, or in proportion to 

the same. -, p, ^ t. 

Sec. 43. The legislature shall have power at any time hereafter topass such 
laws as may be deemed necessary and proper to enforce the due execution of this 
act and of the before-mentioned act of Congress. 

Sec. 44. The board of visitors to the Agricultural College of New Jersey shall 
hereafter consist of two members from each Congressional district in this Stat© 



LAWS EELATING TO LAI^D-GRANT COLLEGES. 121 

under the present apportionment, to be nominated by the governor, with the 
advice and consent of the senate. 

Sec. 45. The members of the board of visitors to the agricultural college now 
in office shall continue to be members of the said board for the respective Con- 
gressional districts in which they now reside until the expiration of the term for 
which they were appointed. 

Skc. 46. The public lectures hereafter to be delivered by the State agricultural 
college in the counties of this State shall, as to number, time, and place, be under 
the direction of the board of visitors of the State agricultural college. 

Sec. 47. The term of office of members of the board of visitors to the agricul- 
tural college of New Jersey shall hereafter be two years: Provided, That this pro- 
xasion shall not apply to members appointed previous to the passage of this 
supplement. 

Sec. 48. The actual personal expenses of members of the board of visitors incurred 
in the discharge of the duties imposed upon them by the act to which this is a 
supplement shall be audited by the comptroller and paid by the treasurer of the 
State out of any moneys unappropriated, on the certificate of the president and 
secretary of the board. 

Sec. 49. For the purpose of bringing to public attention the condition of the free 
State scholarships in the State agricultural college, the board of visitors are 
hereby authorized to give such notice by letter, or posting, or by advertisement 
of the counties to which the vacant scholarships belong and the mode of filling 
them as they may judge to be to the interest of the State. 

Sec. 50. Bills incurred for the above-named objects, properly certified by the 
president and secretary of the board, shall be audited by the comptroller and paid 
out of the State treasury. 

Sec. 51. Whereas the proceeds of the "agricultural college fund" of the State 
of New Jersey were, by act of the legislature approved April 4, 1864, directed to be 
paid to the "triistees of Rutgers College, in New Jersey, for the maintenance in 
that department of Rutgers College known as Rutgers Scientific School of such 
courses of instruction (including the courses of instruction already established by 
said trustees) as shall carry out the intent" of the act of Congress of July 2, 1863, 
and whereas said "trustees of Rutgers College, in New Jersey," have by virtue of 
said act received the proceeds of said fund and have faithfully carried out the 
provisions of the laws of the United States and of the State of New Jersey relating 
thereto, and have maintained and are now maintaining the State agricultural 
college of New Jersey in its various departments, in pursuance of and as required 
by the law of the State, it is hereby aflfirmed and represented that said institution 
is the State agricultural college of New Jersey, and whereas by the act of the 
legislature of New Jersey entitled "An act to provide for the establishm'ent of an 
agricultural experiment station," approved March 10, 1880, the State agricultural 
experiment station was created and established, and by the board of managers 
thereof, by the authority given them in the law, has been located at the said State 
agricultural college as a part of the agricultural system of the State, and whereas 
there is no other State agricultural college and no other agricultural department 
of a college and no other State agricultural experiment station in this State than is 
hereinbefore mentioned, the said Rutgers Scientific School, being said State agri- 
cultural college of New Jersey, maintained by the "trustees of said Rutgers Col- 
lege, in New Jersey," and at which the said State agricultural experiment station 
is established and located, is hereby designated the college to receive the benefit 
of the act of Congress "to establish agricultural experiment stations," approved 
March 2, 1887, and of the act "making an appropriation to carry into effect the 
provisions of an act approved March 2, 1887," approved February 1, 1888, and any 
supplements thereto; and the State of New Jersey does hereby designate the 
"trustees of Rutgers College, in New Jersey," maintaining said Rutgers Scientific 
School, said State agricultural college, as the parties to whom any and all moneys 
appropriated by Congress under said acts, or acts supplementary thereto, shall 
be paid for the purposes mentioned in said acts of Congress. 

Sec. 52. The board of visitors to the State agricultural college shall hereafter 
consist of two members from each Congressional district in this State, to be 
appointed by the governor v>?ith the advice and consent of the senate. 

Sec. 53. All acts and parts of acts inconsistent herewith are hereby repealed, 
and this act shall take effect immediately. 

Sec. 54. "Whereas the commissioners named in said act approved April 4, 1864, 
" to take charge of such scrip, and as agents of the State to sell and dispose of the 
same at such time or times and in such mode as may appear to be most advanta- 
geous and safe," did invest the proceeds of the sale thereof in " war bonds " of the 



122 EDUCATION EEPOET, 1903. 

State of New Jersey, a portion of which bonds have already raatured and been 
paid, and the balance thereof will mature January 1, 1897, and January 1, 1903, 
and whereas the moneys received by said commissioners in payment of said bonds 
already matured and paid are uninvested, owing to the inability of said commis- 
sioners to invest the same conformably to the said act of Congress, and said 
moneys and the further funds to be received by said commissioners will remain 
uninvested and the objects of said act of Congress and of said act of the legisla- 
ture of this State, approved April 4, 1864, thereby [be] defeated; and whereas the 
governor, by special message, has recommended legislation to meet the require- 
ments of the situation, that forthwith on the passage of this act the said com- 
missioners named in this act approved April 4, 1864, shall transfer and pay over 
the funds now in their hands or deposited to their credit to the official or officials 
having charge of the shaking fund of this State, and said commissioners shall from 
time to time hereafter, as moneys shall be by them received under this act 
approved April 4, 1864, likewise pay over and transfer the same to the State sink- 
ing fund, and thereafter the said moneys so transferred or paid over shall be 
incorporated with and become part and parcel of the sinking fund of this State 
and dealt with in all respects as part and parcel thereof. 

Sec. 55. Upon payment or transfer of any such moneys as aforesaid to the sink- 
ing fund of the State, the State treasurer and comptroller shall issue and deliver 
therefor to said commissioners a certificate of this State to the effect that the 
State will pay to said commissioners, semiannually, 5 per cent of the amount 
so paid into or transferred to the sinking fund so long as said act of Congress 
and the laws of this State, passed in pursuance thereof, shall be in all things and 
by all parties observed and complied with. 

Sec. 56. The per centum paid to said commissioners upon any certificate issued 
under this act shall be by them paid over to the person or persons, body or bodies, 
now or hereafter entitled by law to receive the same. 

Sec. 57. In order that students in the schools in all parts of the State may 
receive the stimulus afforded by the opportunity to pursue the courses of study in 
the State agricultural college, and in order to enable said State agricultural col- 
lege to furnish instruction gratuitously to students, residents of this State, in 
its several courses of study, as special courses of advanced study in the public 
school system of this State, there shall be sent to the said college to the number 
of one each year from each assembly district in this State, to be selected and 
designated as hereinafter provided, who shall receive gratuitous instruction in 
any or in all the prescribed branches of stiidy in any of the courses of study of 
said State college, under the general powers of supervision and control possessed 
by the board of visitors of said State college; said students so received shall be 
residents -of this State, and shall be admitted into said State college upon the 
terms and svibject to the rules and discipline which shall apply to all other free 
students of said State college; and if there should be more than one suitably 
prepared applicant frora the same assembly district in the same year, such addi- 
tional applicants may, in the discretion of the board of visitors of the said State 
agricultural college, be received on any vacant scholarships of any other assembly 
districts until such districts shall require such scholarships after notice has been 
served on the superintendent of education of the county in which such vacant 
assembly districts are situated. 

Sec. 58. Said students shall be selected as follows: A competitive examination, 
under the direction of the city superintendents and the county superintendent of 
education in each county, shall be held at the county court-house in each county 
of the State, upon the first Saturday in June in each year, and the necessary travel- 
ing expenses of said examiners not otherwise provided for by law, on the approval 
of the president and secretary of the board of visitors of said State agricultural 
college, shall be paid by said State college; students who apply for examination 
shall be examined upon such subjects as may be designated by the faculty of said 
college and the State board of education; and the said city and county superin- 
tendents shall report to the president of said college and to the State superintend- 
ent of public instruction the names of all such students examined as in their 
opinion are suitably prepared to enter said college, with their estimate of the order 
of excellence in scholarship shown by said students at such preliminary examina- 
tion; certificates of appointment to the State agricultural college shall be issued 
by the State superintendent of public instruction to all of such students as are so 
found to be qualified to enter said college; and in case the vacant scholarships 
shall not be sufiicient to receive all such successful candidates, preference in 
appointing to vacant scholarships shall be given to successful candidates in the 
order of the excellence of their examination as certified by said superintendents; 
and in general the regulations and provisions governing the conduct of such 



LAWS RELATING TO LAND-GRANT COLLEGES. 123 

examinations, and the appointment of said students to said scholarships shall be 
subject to the control of said board of visitors of said college. 

Sec. 59. Each studentsoappointedandadmitted to said college shall be regarded 
as holding a State scholarship, and for each scholarship so held there shall be paid, 
as hereinafter provided, on the 1st day of November in each year, to the treasurer 
of said college tRe sum of money as the said college is entitled to receive for each 
scholarship established in said college under the existing State agricultural college 
fund: Provided, That such payment shall be made only out of the income of the 
fund for the support of public free schools remaining after appropriations here- 
tofore made payable out of said income are met. 

Sec. 60. In order to ascertain the number of scholarships for which payment 
shall be made as aforesaid, the president of said college shall, in the raonth of 
October in each year, make his certificate in vyriting, setting forth the names of 
the students so as aforesaid appointed and then in attendance at said college, the 
assembly districts from which they were appointed and the classes in college to 
which they belong, or the special courses of study which they are pursuing, which 
certificate, when approved by the president of the board of visitors of the State 
agricultural college, shall be plenary evidence of the number of scholarships for 
which payment shall be miade, and on filing the same with the comptroller of the 
State he shall draw his warrant upon the treasurer of the school fund for the sum 
of money to which the said college may accordingly be entitled, and the said treas- 
urer shall thereupon pay the same as aforesaid. 

Sec. 61. This act shall take effect immediately, and shall be subject to amend- 
ment, alteration, and repeal at the discretion of the legislature. 

Sec. 62. Whereas by an act of Congress approved August 30, 1890, certain sums 
of money were appropriated to be paid annually to each State and Territory for 
the more complete endowment and maintenance of colleges for the benefit of 
agriculture and the mechanic arts, established in accordance with an act of Con- 
gress approved July 2, 1862; and whereas the Rutgers Scientific School, main- 
tained by "the trustees of Rutgers College, in New Jersey," is, and always hith- 
erto has been, recognized as the agricultural college or agricultural department of 
the college established in accordance with the said act of Congress approved July 
2, 1862, therefore: The assent of the State of New Jersey to the grant raade to this 
State under the said act of Congress approved August 30, 1890, and to the purpose 
of said grant, as indicated by the acts of Congress relating thereto, is hereby 
declared and signified, and the secretary of state is hereby directed to transmit a 
certified copy of this act to the Secretary of the Treasury and to the Secretary of the 
Interior of the United States. 

Sec. 63. The moneys received and to be received by this State under the said act 
of Congress approved August 30, 1890, shall immediately and as soon as received 
be paid over by the treasurer of this State, upon the warrant of the comptroller 
of this State and the order of the trustees of Rutgers College, to the treasurer of 
Rutgers College, for the more complete endowment and maintenance of the said 
agrictiltural college or agricultural department of the college, established, as afore- 
said, for the benefit of agriculture and the mechanic arts, to be by the said trustees 
applied only to instruction in agricultiire, the mechanic arts, the English language, 
and the various branches of mathematical, physical, natural, and economic science, 
with special reference to their applications in the industries of life and to the facili- 
ties for such instruction, in accordance with the acts of Congress relating thereto. 

Sec. 64. The legislature shall have power at any time hereafter to pass such laws 
as may be deemed necessary and proper to enforce the due execution of this act 
and the before-mentioned acts of Congress. 

Sec. 65. For the benefit of practical and scientific agriculture and for the devel- 
opment of our unimproved lands the New Jersey agricultural experiment station, 
with suitable branches, is hereby established. 

Sec. 66. The direction and management of this institution shall be committed 
to a board of directors, which shall consist of the governor of the State, the board 
of visitors of the State agricultural college, together with the president and the 
professor of agriculture of that institution. 

Sec. 67. The members of this board shall be called together by the secretary of 
the board of visitors, and shall organize by the election of a president and secre- 
tary, who shall hold their offices for one year and until their successors are elected; 
five members shall constitute a quorum. 

Sec. 68. The board of directors shall hold a meeting each year at Trenton, on 
the third Tuesday in January, and other meetings at the call of the president, at 
such times and places as may best promote the objects of the institution. 

Sec. 69. The board of directors shall locate said experiment station and branches, 
and shall appoint a director, who shall have the general management and over- 



124 EDUCATION REPORT, 1903. 

sight of the experiments and investigations necessary to carry otit the objects of 
said institution, and shall employ competent chemists and other assistants neces- 
sary to analyze soils, fertilizers, and objects of agricultural interest, so as to prop- 
erly carry on the work of the station, and it shall make an annual report of its 
work to the governor of the State. 

Sec. 70. A sum not exceeding $5,000 in any one year is hereby appropriated to 
said New Jersey experiment station, which money shall be paid from the State 
treasury on the presentation of the bills of said station properly certified by the 
president and secretary of the board of directors. 

Sec. 71. From and after March 9, 1881, the board of directors created by said 
act [sec] [but probably meaning the act of 1880 containing the matter given in 
sec. 66 above] shall be called and known as the board of managers. 

Sec. 72. In addition to the powers now conferred upon said board, they shall 
have power to elect a treasurer, who shall hold his office for one year and until his 
successor shall be elected and qualified; and to appoint such other officers and 
agents as may be necessary to carry on the business of the institution; and to 
make such rules, by-laws, and regulations for the government of the board, and 
for carrying out the objects, business, and purposes of the institution as may, in 
their judgment, be necessary and proper. 

Sec. 74. The expenses of said station, when presented to the comptroller of the 
State, accompanied by the proper vouchers, duly certified by the president and 
secretary of the board of directors, shall, upon warrant of said comptroller, be 
paid out of the State treasury: Provided, Such expenses do not exceed the sum of 
$11,000 in any year. 

Sec. 75. The expenses incurred by the board of managers of the New Jersey 
agricultural experiment station in printing the bulletins issued from said station — 
containing analyses of fertilizers, fodders, feeds, soils, etc., the results of investi- 
gations in feeding animals, in testing the adaptability of soils and manures for the 
various cereal, fruit, and vegetable crops, and such other results of investigations 
as may be deemed by the board of managers to be of immediate usefulness to the 
citizens of the State — when presented to the comptroller of the State, accompanied 
by the proper vouchers, duly certified by the president and secretary of the board 
of managers, shall, upon warrant of said comptroller, be paid out of the State 
treasury, said sum not to exceed $1,500. 

Sec. 76. Such payments shall be in addition to the annual appropriation now 
made for the payment of the expenses of said station. 

Sec. 77. The expenses of said station, when presented to the comptroller of the 
State, accompanied by the proper vouchers, duly certified by the president and 
secretary of the board of directors, shall, upon warrant of said comptroller, be paid 
out of the State treasury: Provided, Siich expenses do not exceed the sum of 
$15,000 in any year. 

Sec. 78. An act of Congress of the United States approved March 2, 1887, to 
establish agricultural experiment stations, and the appropriations and grants of 
moneys for the purposes therein made are hereby accepted and assented to on the 
part of the State of New Jersey. 

Sec. 79. The assent of the State of New Jersey to the grants of moneys for the 
purposes, upon the terms and in accordance with the several conditions and pro- 
visions in said act contained, is hereby signified and expressed, and the secretary 
of state is hereby directed to transmit a certified copy of this act to the Secretary 
of the Treasury of the United States. 

Sec. 80. The sum of $30,000 is hereby appropriated for the construction of a State 
laboratory for the use of the State agricultural experiment station under the 
direction of the board of managers of the State agricultural experiment station on 
land selected by the said board of managers : Provided, Such land shall be acquired 
without cost or expense to the State of New Jersey, which sum the treasurer of 
this State is hereby authorized to pay for such purpose to the treasurer of said 
State agricultural experiment station upon the warrant of the comptroller, as bills 
therefor shall be presented, marked approved by the president and two members 
of the said board of managers of said State agricultural experiment station. 

Sec. 81. The chemist or chemists of the State agTicultural experiment station 
shall analyze all samples of milk, butter, or other farm products or the imitations 
thereof that may be sent to said station by the State dairy commissioner and his 
assistants and agents, and shall report to the said commissioner the results of such 
analyses, and the costs thereof shall be paid out of the appropriation made to said 
station. 

Sec. 82. Whereas the officers of the State agricultural experiment station have 
discovered certain new fungous growths that threaten serious injury to important 
agricultural interests of the State: Therefore, 



LAWS RELATING TO LAND-GEANT COLLEGES. 125 

When tlie officers of the State agricultural experiment station shall discover any- 
new fungous growth which is doing injury to plants or vines, and while the same 
is confined to limited areas, they are hereby authorized and empowered to enter 
upon any lands bearing -^dnes or plants so affected and destroy the same by fire or 
otherwise, as they shall deem best. 

Sec. 83. Any damage to private property restilting from the operation of 
destroying the said fungous growth by the officers of the State shall be certified to 
them, and the amount of damage paid to the owners thereof from the same fund 
and in the same manner as is paid to owners of deceased animals by order of the 
State board of health. 

Sec. 84. ExjDenditures under this act shall not exceed $1,000. 

Schools: Sec. 27. It shall be the duty of the county superintendent, at such time 
and place as the State superintendent may appoint, to examine such candidates for 
State scholarships at the agricultural college as may present themselves, and the 
candidates shall be subjected to such examination as the faculty of the said col- 
lege and the State superintendent shall prescribe; and the candidates who shall 
receive certificates of appointment to the agricultural college in any one county 
shall be those who obtain on such examination the highest average for scholar- 
ship, and the number of certificates thus granted shall in no case exceed the num- 
ber of State scholarships to which such county is entitled. 

Acts, 1896, chapter 135: Section 1. Section 3 of the act to be amended hereby, 
being chapter 417 of the laws of 1895 [sec. 55, above] , is hereby amended so as to 
read as follows: " Sec. 2. Upon payment or transfer of any such moneys as afore- 
said to the sinking fund of the State the State treasurer and comptroller shall 
issue and deliver therefor to said commissioners a certificate of this State to the 
effect that the State will pay to said commissioners 5 per cent annually in semi- 
annual payments of the amount so paid into or transferred to the sinking fund 
so long as said act of Congress and the laws of this State, passed in pursuance 
thereof, shall be in all things and by all parties observed and complied with." 
(Approved March 30, 1896.) 

Acts, 1897, chapter 53: Section 1. Section 6 of the act to which this is an amend- 
ment is amended so as to read as follows: " Sec. 6. In lieu of all claims, rights, 
and titles the branch institution designated by this act has or may hereafter have 
upon the annual appropriation coming to this State from Congress under the pro- 
vision of the supplement to the act of Congress of August 30, 1890, a sum not to 
exceed $5,000 may annually be appropriated for the maintenance of said school 
out of any money in the State treasury not otherwise appropriated." (Approved 
March 31, 1897.) a 

Acts, 1901, chapter 99: The director of the New Jersey agricultural college 
experiraent station at New Bmnswick is hereby authorized to establish and m.ain- 
tain one or more stations for the scientific investigation of oyster propagation, 
said station or stations to be situate at some i^oint or points in the oyster-growing 
sections of this State. The amount authorized to be expended under the provi- 
sions of this act shall not exceed the sum of $200 in any one year: Provided, That 
no moneys shall be drawn from the treasury for the purposes of this act until the 
same shall have been specifically appropriated according to law, (Approved 
March 21. 1901.) 

Acts, 1902, chapter 17: Section 1. The trustees of the State agricultural col- 
lege of New Jersey be, and they are hereby, required to establish in said State agri- 
cultural college a department of ceramics, equipped and designed for the educa- 
tion of clay workers in all branches of the art which exist in this State or which 
can be profitably introduced and maintained in this State from the mineral 
resources thereof, including the manufacture of earthenware, stoneware, yellow 
wares, white wares, china, porcelain and ornamental pottery; also the manufac- 
ture of sewer pipe, fireproofing, terra cotta, sanitary clay wares, electric conduits 
and specialties, fire bricks and all refractory materials, glazed and enameled 
bricks, pressed bricks, vitrified paving materials, as well as the most economic 
and scientific methods in the production of the coarser forms of bricks used for 
building purposes; also the manufacture of tiles used for paving, flooring, deco- 
rative wall paneling, roofing, and draining purposes, and all other clay industries 
represented in our limits. 

Sec. 2. Said department shall offer special instruction to clay workers on the 
origin, composition, properties, and testing of clays, the selection of materials for 

a This act has the following title: "An act to amend an act entitled 'An act to more fully carry- 
out and put in force the true intent and purposes of the supplement to an act of Congress of 
August 30, 1890, and the acts of the legislature of New Jersey of March 34, 1881, and the manual- 
training act of 1888, passed May 25, 1894.'' " 



126 EDUCATION EEPORT, 1903. 

different purposes, the mechanical and chemical preparation of clays, the laws of 
burning clays, the theory and practice of the formation of clay bodies, slips, and 
glazes, and the laws which control the formation and fusion of silicates. 

Sec. 3. Said d.epartment shall be provided with an efl&cient laboratory designed 
for the instruction of clay workers in the list of subjects enumerated in the sec- 
ond section of this act, and also equipped to investigate into the various troubles 
and defects which can not be understood or avoided except by the use of such 
scientific investigation; said laboratory shall be equipped with the necessary appa- 
ratus for chemical analysis, with furnaces and kilns for pyrometric and experi- 
mental trials and such apparatus and machinery as may be necessary for the 
proper preparation of clays for manuf actui'e as is consistent with the character 
of the department. 

Sec. 4. Said trustees shall employ to conduct this department of ceramics a 
competent expert of the necessary education and scientific acquirement, who shall 
teach the theoretical part of the subject and direct the laboratory for the instruc- 
tion of students and prosecute such scientific investigations of the various clay 
industries as may be practicable, and from time to time to publish the results of 
his investigations in such form that they vdll be made public and accessible to 
clay workers of the State, for the advancement of the art and science of the subject. 

Sec. 5. There shall be appropriated out of the general revenues of the State the 
sum of $13,000, to be expended in the organization, equipment, and maintenance 
of said department, as provided for in the first four sections of this act, for the 
current year, and there shall be appropriated from the same fund the sura of 
$2,500 annually hereafter, beginning on the next succeeding year, for the salary, 
supplies, and all other expenses of the maintenance of said department: Provided, 
Such sum or sums shall first be appropriated in the annual appropriation bill. 

Acts, 1902, chapter 4: Whereas by the act * * * ["An act to increase the 
efficiency of the public school system of the State by providing for additional free 
scholarships at the State agricultural college"] it was enacted that one student 
from each assembly district in the State, to be selected by competitive examina- 
tion under the direction of the city and county superintendents of education, 
should be sent each year to the State agricultural college for education in the 
courses of study there pursued, and that a stipulated compensation should be paid 
therefor to the college out of the public school fund of the State; and 

Whereas a large number of qualified students have, in accordance with said act, 
been received and educated in the college, but the stipulated compensation (except 
$1,500) has not been paid; and 

Whereas the State is under amoral obligation, at least, to compensate the col- 
lege for the services thus rendered in educating citizens of the State at the instance 
of the legislature: Therefore, 

Section 1. The governor of the State is hereby authorized to appoint three citi- 
zens of New Jersey as a commission to examine into and consider the matters 
above mentioned, and to report, in writing, to the present or next session of the 
legislature what compensation ought, in justice and equity, to be paid by the State 
to said college in full satisfaction for the services rendered, and to be rendered, up 
to the close of the present collegiate year, under said act of March 31, 1890. 

Sec. 2. The said commission shall also, in a separate report to the present or 
next session of the legislature, state whether, in their opinion, the system of edu- 
cation provided for in said act of March 81, 1890, should be continued after the 
close of the present collegiate year, or should be modified, or should be wholly dis- 
continiTed, together with their reasons for such recommendations as they may 
make in the premises, to the end that the legislature may adopt such course as 
shall seem best for public interests. 

Acts, 1903, chapter 119: Section 1. To pay the State college for the benefit of 
agriculture and the mechanic arts the balance due for services rendered to the 
State in the instruction, from September 1, 1890, to July 1, 1902, of students holding 
free State scholarships, granted pursuant to ' ' An act to increase the efficiency of the 
public school system of the State by providing for additional free scholarships at the 
State agricultural college," passed March 31, 1890, there is hereby appropriated 
out of the State fund $80,000 (the sum of $1 ,500 having been heretofore paid) , and 
the comptroller of the treasiTry is directed forthwith to draw his warrant therefor 
in favor of the treasurer of said college, and the State treasurer to pay the same. 
On surrender of such warrant the comptroller shall take from said college a release 
of all claims and demands of said college against the State. 

Acts, 1903, chapter 273: [Appropriates $2,500 for department of ceramics.] 



LAWS RELATING TO LAND-GRANT COLLEGES. 127 

NEW MEXICO. - 

[The following matter is taken from a volume entitled " 1897. Compiled Laws of Kew Mexico, 
in accordance with an act of the legislature approved March 16, 1897. Prepared for publication 
by John P. Victor, Edward L. Bartlett, Thomas N. Wilkerson, commission." Santa Fe, N. Mex., 
1897.] 

Sec. 3550. The New Mexico College of Agrictilt-are and Mechanic Arts, the 
University of New Mexico, the New Mexico School of Mines, the New Mexico 
Normal School at Silver City, the New Mexico Normal School at Las Vegas, the 
New Mexico Military Institute at Roswell,'and. the New Mexico Insane Asylum, 
shall be known as the Territorial institutions. 

Sec. 3551. There is also hereby created and established an institution of learning 
to be known as the Agricultural College and Agricultural Station of New Mexico. 
Said institution is hereby located at or near the town of Las Cruces,in the county 
of Donna Ana, upon a tract of land of not less than 100 acres, contiguous to the 
main Las Cruces irrigating ditch, south of said town, and now owned by Jacob 
Schaublin, and which said land shall, within six months from the passage of this 
act, be donated and conveyed by said Schaublin, free of any cost and expense, to 
the Territory of New Mexico for such purpose: Provided, That no improvements 
or buildings, as hereinafter provided for, shall be made or erected upon such land 
until deed is duly executed, recorded, and filed in the office of the secretary of the 
Territory, as hereinafter provided. 

Sec. 3552. The agricultural college and agricultural experiment station created 
and established by this act shall be an institution of learning open to the children 
of all the I'esidents of this Territory, and such other persons as the board of 
regents may determine, under such terms, rules, and regulations as may be pre- 
scribed by said board of regents; shall be nonsectarian in character and devoted 
to practical instruction in agriculture, mechanic arts, natural sciences connected 
therewith, as well as a thorough course of instruction in all branches of learning 
bearing upon agriculture and other industrial pursuits. 

Sec. 3553. The course of instruction of the college hereby created shall embrace 
the English language, literature, mathematics, philosophy, civil engineering, 
chemistry, and animal and vegetable anatomy and physiology, the veterinary art, 
entomology, geology, and political, rural, and household economy, horticulture, 
moral philosophy, history, mechanics, and such other sciences and courses of 
instruction as shall be prescribed by the regents of this institution of learning. 
The raanagement of said college and experiment station, the care and preservation 
of all property of which such institution shall become possessed, the erection and 
construction of all buildings necessary for the iise of said college and station, and 
the disbursement and expenditure of all moneys provided for by this act, shall be 
vested in a board of five regents. Said five regents shall possess the same qualifi- 
cations, shall be appointed in the same way, and the terms of office shall be the 
same, and the vacancies shall be filled in like manner as is provided for the 
Territorial university. 

[The management and control of said university, the care and preservation of all property of 
which it shall become possessed, the erection and construction of all buildings necessary for its 
use, and the disbursement and expenditure of all moneys appropriated by this act, shall be 
vested in a board of five regents, to consist of five qualified voters, who shall be owners of real 
estate in this Territory. Said five members of the board of regents shall be appointed in the 
manner now provided by law for the appointment of Territorial officers, not earlier than the 
1st day of September nor later than the 1st day of October next after the passage of this act, 
and vacancies occurring in paid board shall be filled in the same manner as is now provided by 
law for the filling of vacancies in other Territorial ofiices. 

Sec. 3573. The board of regents provided for in this act shall be appointed, one for a term of 
one year, one for a term of two years, one for a term of three years, one for a term of four years, 
and one for a term of five years: Provided, That all appointments made to fill vacancies caiised 
by death, resignation, or otherwise, shall be for the unexpired term of the incumbent whose 
place shall have become vacant. All other appointments made subsequent to the appointment 
of the first board of regents provided for in this act shall be for the term of five years and 
until the appointment and qualification of a successor to such appointee.] 

Said regents and their successors in office shall constitute a body corijorate, with 
the name and style of The Regents of the Agricultural College of New Mexico, 
with the right as such of suing and being sued, of contracting and being con- 
tracted with, of making and using a common seal and altering the same at pleas- 
ure, of causing all things to be done necessary to carry out the provisions of this 
act. A majority of the board shall constitute a quorum for the transaction of 
business, but a less number may adjourn from time to time. 

Sec. 3554. The board shall meet and organize, by the election of its said officers, 
at said town of Las Cruces, or at the said college grounds in the said county of 
Donna Ana, on the second Wednesday in November, 1889. The officers then elected 



128 EDUCATION REPOET, 1903. 

and their successors in of&ce shall be the same, be elected in the same manner, at 
the same time, and possess the same qualifications, and the regents and officers 
shall perform their duties as provided for the regents and officers of the University 
of New Mexico in this act. 

Sec. 3555. The regents shall have the power and it shall be their duty to enact 
laws for the government of the said agricultural college and experiment station. 

Sec. 3556. The board of regents shall direct the disposition of any moneys 
belonging to or appropriated to the agricultural college and experiment station 
established by this act, and shall mal^e all rules and regulations necessary for the 
government and management of the same, adopt plans and specifications for neces- 
sary buildings and superintend the construction of said buildings, and fix: the 
salaries of professors, teachers, and other employees and the tuition fees to be 
charged in said college. 

Sec. 3557. The agricultural experiraent station provided for in this act in con- 
nection with said agricultural college shall be likewise located upon the land 
referred to in section 3551, and it shall be iinder the direction of the said board 
of regents of said college for the purpose of conducting experiments in agriculture 
according to the terms of section 1 of an act of Congress, approved March 2. 1887, 
to establish agricultural experiment stations. The said college and experiment 
station shall be entitled to receive all the benefits and donations made and given 
to similar institutions of learning in other States and Territories of the United 
States by the legislation of the Congress of the United States now in force or that 
may hereafter be enacted and particularly to the benefit and donations given by the 
provisions of an act of Congress of the United States approved July 2, 1862, and 
March 2, 1887. 

Sec. 3558. The assent of the legislative assembly of the Territory of New Mexico 
is hereby given in pursuance of the requirements of section 9 of said act of Con- 
gress approved March 2, 1887, to the granting of money therein made to the estab- 
lishment of experiment stations in accordance with section 1 of said last-mentioned 
act, and assent is hereby given to carry out, within the Territory of New Mexico, 
all and singular the provisions of said act. 

Sec. 3559. The board of regents shall have power and it shall be their duty to 
enact laws for the government of the agricultural college and experiment station, 
and the meetings of said board may be called in such manner as the regents may 
prescribe. 

Sec. 3560. The immediate government of the several departments shall be 
intrusted to their respective faculties, but the regents shall have the power to 
regulate the course of instruction and prescribe, under the advice of the faculty, 
the books and authorities to be used in the several departments, and also to confer 
such degrees and grant such diplomas as are usually conferred and granted by 
other agricultural colleges. The regents shall have power to remove any officer 
connected with the agricultural college or experiment station when, in their judg- 
ment, the best interests of the college require it. 

Sec. 3561. There is hereby created and established a subagricultural experiment 
station in connection with the agricultural college and agricultural station of New 
Mexico. Said subagricultural experiment station is hereby located at some point in 
the county of San Juan , hereafter to be selected by the board of regents of the Agri- 
cultural College of New Mexico: Provided, That the county of San Juan, or some 
person or persons for said county, shall vrithin three months from the passage of 
this act, deed, donate, and transfer to the Territory of New Mexico, for the use of 
said subagricultural experiment station, not less than 100 acres of good arable 
land, under an iii'igating ditch, such land and the location thereof to be accepted 
and determined by the board of regents of the agricultural college. The sufficiency 
of the deed and the title to the land so to be donated to the Territory of New 
Mexico shall be passed upon and approved by the solicitor-general of New Mexico. 

Sec. 35'62. The board of regents of the agricultural college and agricultural 
station of New Mexico are hereby authorized and instructed to apply to the con- 
struction of buildings, etc., of the subagricultural experiment station, provided 
for by this act, the sum of $5,000, appropriated by the legislative assembly of 
New Mexico for the agricultural experiment station in the county of San Juan, 
under and by the provisions of an act entitled "An act and resolution authorizing 
the governor to receive certain moneys from the United States, accepting the 
terms of the act of Congress appropriating the same and providing for the dispo- 
sition thereof." 

Sec. 3563. The board of regents of the agricultural college and agricultural 
station of New Mexico are hereby authorized and instructed to apply to the sup- 
port and maintenance of the subagricultural experiment station herein provided 
for so much of all the moneys now on hand and hereafter received from the Gov- 



LAWS EELATINQ TO LAITD-GEAN-T COLLEGES. 129 

ernment of the United States under and by virtne of acts [act?] of the Congress of 
the United States, approved March 2, 1887, as can be applied by said board of 
regents in justice to the agricultural college of New Mexico at Las Graces and 
the substations to be established in other portions of the Territory. 

Sec. 3564. There is [are] hereby ere ated and established in connection with the 
agricultiiral college and agricultural station of New Mexico two branch agricultural 
experiment stations, to be located as follows: One at some point in the northeastern 
portion of the Territory of New Mexico, between the town of Glorieta, in the Sierra 
Madre Mountains, and the town of Raton, near the eastern boundary of New Mex- 
ico, and the other at some point in the Pecos Valley, in the southeastern portion 
of the Territory, the exact point in each section to be determined hereafter by 
the board of regents of the agricultural college and agricultural station of New 
Mexico. 

Sec. 3565. For the purposes of this act there shall be deeded, donated, and trans- 
ferred to the Territory of New Mexico, at each of the points finally determined 
upon by the said board of regents for the exact location of the said experiment 
stations, for the use of each of said branch agricultural experiment stations, not 
less than 100 acres of good arable land under an irrigating ditch, such land and 
the location thereof to be accepted and determined by the said board of regents 
of the agricultural college; the sufficiency of the deed and the title to the land so 
to be donated to the Territory of New Mexico to be passed upon and approved by 
the solicitor-general of the Territory. 

Sec. 3566. The board of regents of the agricultural college and agricultural 
station of New Mexico is hereby authorized and empowered to apply to the con- 
struction of buildings, etc., upon the lands donated to each of said branch agricul- 
tural experiment stations provided for by this act, out of the moneys hereinafter 
levied and collected, the sum of not less than $3,500 to each of said experiment 
stations. 

Sec. 3567. The board of regents of the agricultural college and agricultural 
station of New Mexico is hereby authorized and instructed to apply to the sup- 
port and maintenance of each of the branch agricultural experiment stations 
hereby created so much of all the moneys now on hand and hereafter received 
from the Government of the United States, under and by virtue of an act of 
Congress of the United States approved March 2, 1887, as can be applied by said 
board of regents in justice to the Agricultural College of New Mexico, at Las 
Cruces, and the experiment stations hereby and heretofore established in other 
portions of the Territory. 

Sec. 3567a. Theassentof the legislative assembly of the Territory of New Mexico 
is hereby given in pursuance of the requirement of section 3 of an act of Congress 
approved August 30, 1890, to the granting of moneys for the benefit of the Agri- 
cultural College of the Territory of New Mexico, and the said legislative assem- 
bly accepts and consents to all the terms and conditions of said act of Congress, 
and assent is further given to carry out within the Territory of New Mexico, all 
and singular, the provisions of said act of Congress. 

[Tlie following sections come under the heading " Special provisions as to the New Mexico 
College of Agriculture, University of New Mexico, New Mexico School of Mines, and Insilna 
Asylum."] 

Sec. 3633. The members of the several boards of the institutions established by 
this act shall be allowed their actual and necessary traveling expenses in going to 
and returning from all necessary sessions of their respective boards and also their 
necessary expenses while in actual attendance upon the same. 

Sec. 3634. If any secretary, treasurer, or other officer or member of the several 
boards of any of the institutions provided for in this act shall feloniously embez- 
zle, secrete, misapply, or convert to his or their own use any money or property 
belonging to any of said institutions, he shall be deemed guilty of a felony, and 
on conviction thereof shall be confined to the Territorial penitentiary for a term 
of not less than three nor more than ten years, in the discretion of the court 
before whom such conviction shall be had. 

Sec. 3635. The secretary and treasurer of all such boards shall make disburse- 
ments of the funds in his hands on the order of the board, which order shall be 
countersigned by the president of the board, and shall state on what account the 
disbursement is made. 

Sec. 3636. Whenever there shall be any money in the hands of the Territorial 
treasurer to the credit of any of the specific funds set apart of the institutions 
created by this act, deemed sufficient by such board to commence the erection of 
any of the necessary buildings or improvements, or pay the running or other 

ED 1903 9 



130 EDUCATION EEPOKT, 1903. 

expenses ot stich institution, the Territorial auditor, on the request in writing of 
any such boards, shall; and it is hereby made his duty to, draw his warrant in 
favor of the treasurer against the specific fund belonging to said institution in 
such sum, not exceeding the amount on hand in such specific fund at such time, 
as said board may deem necessary: Provided, That any such board shall only draw 
said money as it may be necessary to disburse the same. 

Seo. 363'7. All of the managing boards of the several institutions provided for 
in this act shall annually, on or before the 1st day of December, make a full and 
time report in detail, under oath, of all their acts and doings during the previous 
year, their receipts and expenditures, the exact status of their institution, and any 
other information that they may deem proper and useful or which may be called 
for by the governor, which said reports shall be made to the governor, and he 
shall transmit the same to the succeeding session of the legislature. 

Sec. 3639. The governor of the Territory and the Territorial superintendent of 
public instruction or education , if there ba one , shall ex officio be advisory members 
of all boards of the several institutions provided for in this act, but shall not have 
the right to vote or be eligible to office therein. 

Sec. 3640. The several boards provided for in this act shall have power in their 
discretion to employ skilled architects and superintendent to prepare plans and 
supervise the construction of any of the buildings provided for in this act, and to 
fix his compensation subject to the provisions and restrictions of this act. 

Seo. 3641. The regular meetings of all boards provided for in this act shall be 
held quarterly: Provided, That they may hold as many special sessions as they 
shall deem necessary. 

Sec. 3842. The several boards provided for in this act shall have power in their 
discretion to provide that their several secretaries and treasurers shall receive a 
salary not to exceed $50 a month: Provided, The secretary and treasurer of the 
board of regents of the agricultural college shall receive a salary of $100 per month. 

Sec. 3643. At least one member of the several boards provided for in this act 
shall be a resident of the town or city at or near which the institution is located. 

Sec. 3844, The records of the several boards provided for in this act shall be 
open at all reasonable times for the inspection of any citizen. 

Seo. 3645. No employee or member of any of the boards created by this act shall 
be interested pecuniarily, either directly or indirectly, in any contract for building 
or improving any of said institutions or for the furnishing of supplies to any of 
such institutions. 

Sec. 3646. Each and every member of the several boards created by this act shall, 
before entering upon their respective duties, take and subscribe an oath to faith- 
fully and honestly discharge their duties in the premises and strictly and impar- 
tially perform the same to the best of their several abilities. Said oath shall be 
filed with the secretary of the Territory. 

Sec. 3647. All of the institutions established by this act shall be entitled to 
receive all the benefits and donations made and given to similar institutions of 
learning and charity in other States and Territories of the United States by the 
legislation of the Congress of the United States, or from private individuals or 
corporations, and for the benefit of said institutions they shall have power to buy 
and sell or lease or mortgage realty, and do all things that, in the opinion of the 
several boards, will be for the best interests of said institutions and are in the line 
of its object. 

Sec. 3648. All the institutions provided for in this act shall forever remain 
strictly nonsectarian in character, and no creed or system of religion shall be 
taught in any of them. 

Sec. 3659. Diplomas issued to graduates of * * * the Territorial Agricul- 
tural College at Las Cruces shall be, and the same are hereby, considered as first- 
class teachers' certificates in any of the counties in the Territory of New Mexico. 

Sec. 3690. An issue of the bonds of the Territory of New Mexico is hereby 
authorized and directed to be made in the sum of $35,000, to be known as Terri- 
torial institution bonds * ■"' * and shall be made payable in thirty years 
from Ju.ly 1, 1895. 

Sec. 3691. The auditor of public accounts is hereby directed to levy a tax suffi- 
cient to pay the interest on said bonds and to give notice of such assessment to the 
several officers vdio are charged with the duty of assessment of taxes in the sev- 
eral counties of the Territory, who shall assess the same in the same manner that 
other taxes are required to be assessed for Territorial purposes; and for the final 
redemption of the principal of said bonds there shall, in the same manner, be 
annually levied, after the expiration of ten years from the date of the issue of said 
bonds, an annual tax sufficient to provide for the payment of such bonds by or 
before the maturity thereof. 



LAWS EELATING TO LAND-GRANT COLLEGES. 131 

Sec. 3693. Said bonds, when so issued, shall be delivered * * * $15,000 to the 
board of regents of the New Mexico College of Agriculture and Mechanic Arts at 
Las Cruces, and negotiated by the board of regents of each of said Territorial 
institutions to the best advantage possible, and the proceeds thereof shall be used 
by the board of regents of each of said Territorial institutions, from the amount 
of said bonds so delivered to them, in the erection, completion, and furnishing of 
suitable buildings and other improvements that may be made under the direction 
of said board of regents, for the benefit of their respective institutions, and for the 
providing for the needed and necessary furniture and furnishings of their respective 
institutions in such manner as to the board of regents may seem best: Provided, 
however, Said bonds shall not be sold under par, but the necessary expense of their 
negotiation may be deducted or paid from the amount realized from the sale of 
said bonds or any of them. 

Sec. 3693. Hereafter, whenever it shall be deemed necessary by the board of 
regents of the * * * Agricultural College and Agricultural Station of New 
Mexico * * * to acquire title to any lands for the use of any such institution, 
and the owner or owners of such lands are unable or unwilling to accept a fair and 
reasonable price for such lands, then, and in that event, each of the said several 
boards may acquire, in the name of the Territory of New Mexico, title to so much 
of said land or lands as shall be deemed necessary by any such board for the use 
of any such institution, in the same raanner as now provided by law for the con- 
demnation of land for railroad purposes, and such land so taken shall be deemed 
to be taken for public tise. 

Sec. 3693a. That it shall be unlawful for any officer of any Territorial institu- 
tion of this Territory to incur or contract any indebtedness for or on behalf of the 
Territory in excess of the sum appropriated by the general assembly for the use 
or support of such institution for the fiscal year. Nor shall any officer of any 
Territorial institution draw any money from the Territorial treasury unless the 
same shall be absolutely needed and required by such institution at the time, and 
then only upon the warrant of the Territorial auditor. Any person offending 
against the provisions of this act shall be guilty of a misdemeanor, and upon con- 
viction shall be punished by a fine not exceeding $500 and dismissal, in the dis- 
cretion of the court. The term "officer," as used in this act, shall be taken to 
include members of the various boards created by the law to govern or supervise 
the respective institutions. 

Acts, 1897, Chapter LXXII: Sec. 5. [For] The New Mexico College of Agricul- 
ture and Mechanic Arts [and other named Territorial institutions for support and 
maintenance] an annual tax levy to the amount of two and five one-hundredths 
of 1 mill on the dollar, in addition to that provided for other purposes, shall be 
made and collected , and the product of such levy shall be distributed as follows : To 
the New Mexico College of Agriculture and Mechanic Arts, twenty one-hundreths 
of 1 mill * * *: Provided, That the funds herein provided for the College of 
Agriculture and Mechanic Arts shall only be used for building, repairs, the teach- 
ing of Spanish and other branches not paid for out of United States funds, and 
other such expenses: Provided, further. That no president or member of the faculty 
of any Territorial institution shall be removed during the term for which he is 
elected or appointed except for cause and after trial by the board of regents of his 
institution, and that no secretary or treasurer of any such institution, except those 
supported in whole or in part by United States appropriation, shall receive any 
compensation as such secretary and treasurer, or either. 

Acts, 1899, Chapter LXXIV: Sec. 7. The Commissioner of Public Lands shall 
keep separate accounts of all moneys received from lands reserved for * * * 
an agricultural college. 

Ibid., 1899, Chapter LXXXI: Section 1. For the New Mexico College of Agri- 
culture and Mechanic arts twenty-one one-hundredths of 1 mill for " each and every 
year hereafter. " 

Ibid., 1901, Chapter LXXXIX: Section 1. After the passage of this act an issue 
of the bonds of the Territory of New Mexico is hereby authorized and directed to 
be made in the sum of $25,000, to be known as the New Mexico Agricultural Col- 
lege bonds. Such bonds shall be issued in the denomination of $1,000 each, bear- 
ing interest at the rate of 5 per cent per annum, interest payable semiannually 
on the 10th days of January and July, principal and interest payable at the Western 
National Bank, in the city of New York, State of New York. And said bonds 
shall be signed by the governor and treasurer of the Territory and countersigned 
by the auditor of public accounts, and shall be made payable in thirty years from 
the date of their issue, but may be redeemed at the pleasure of the Territory at 
any time after twenty years from their date. 

Sec. 2. And there is hereby pledged for the payment of said bonds and interest 



132 EDFGATI03S" REPOET, 1903. 

the revenues arising from the leasing and the income derived from the safely- 
invested proceeds of sales of 75,000 acres of the 100,000 acres of land granted to 
the Territory of New Mexico by the United States for the nse and benefit of the 
New Mexico College of Agriculture and Mechanic Arts, in accordance with the 
provisions of the act of Congress entitled "An act to make certain grants of land 
to the Territory of New Mexico and for other purposes," approved June 21, 
1898, and the act of the legislative assembly of the Territory of New Mexico 
entitled "An act establishing a board of j)ublic lands, assigning their duties, and 
for leasing and managing public lands and ftmds," approved March 16, 1899. 
And all of such proceeds, or so much thereof as nnay be necessary, together with 
any interest accruing therefrom, shall be paid to the treasurer of the Territory of 
New Mexico and be by him separately kept as a fund for the payment of the 
interest and principal of the bonds herein provided to be issued: Provided, hryw- 
ever. Should the proceeds as aforesaid be not sufficient in any year to pay the 
interest which shall become due as provided herein, the auditor of public accounts 
of the Territory of New Mexico is hereby directed to levy a tax, at the time that 
other taxes are levied, sufficient to pay the interest on said bonds, and to give 
notice of such assessment or levy of taxes to the several officers who are charged 
with the duty of the assessment of taxes in the several counties of the Territory, 
who shall assess the same in the manner that other ta^es are required to be 
assessed for Territorial purposes: And further providpd, In event sufficient funds 
have not been realized from the proceeds of sales and rentals as aforesaid, prin- 
cipal and interest, on the 1st day of January, 1929, then such porticto of said lands 
authorized by law to be sold , remaining unsold at that time, as may be necessary, 
shall be at once put upon the market and sold by the board of public lands under 
such regulations and laws as may then be in force, and the proceeds realized from 
such sale shall likewise go to pay any part of said bonds and interest then unpaid 
when due and to reimburse the Territory for all interest paid by it and remain- 
ing unpaid in accordance with the provisions of this act. 

Sec. 3. Said bonds shall be issued and negotiated under the direction of the 
treasurer of the Territory of New Mexico: Provided, however. Said bonds shall not 
be sold under their face value. The proceeds of the sale of said bonds shall be 
safely kept by the treasurer of the Territory of New Mexico, under bond, and 
may be expended by the board of regents of said institution for the following pur- 
poses: The erection of a dormitory for boys and young men attending such insti- 
tution; the erection of a gymnasium and library building, and furniture, fixtures, 
and equipment for said buildings; for the purchase or development of ample and 
sufficient water supply for domestic and irrigation purposes of said institution and 
the farm connected therewith; for repairs to and insurance upon, and fuel, water, 
and lights for, all college buildings; for salaries of janitors and librarian, and for 
such necessary printing as can not be paid for out of United States appropria- 
tions. 

Ibid., Chap terXC: [Appropriates twenty one-hundred ths of 1 mill on the dollar 
tax to the New Mexico College of Agriculture and Mechanic Arts.] 

Ibid. , Chapter XC VIII: Section 1 . The boards of managers of the different Ter- 
ritorial institutions, under whatsoever name they may be legally designated, are 
hereby directed and required to keep in suitable books of record a strict account 
of all moneys received by them from the Territory, and also itemized accounts of 
the disbursement of the same. They shall require all bills against such institu- 
tions to be made out in duplicate, and all salaries or other expenditures, except for 
bills and current expenses, shall be receipted for in duplicate, one of such bills or 
receipts to be kept by the said board of managers with the other papers and prop- 
erty of the institution and the other to accompany all requisitions upon the audi- 
tor of the Territory for warrants, and no warrant shall be drawn by the auditor 
for any amount in favor of any such institution unless the requisition therefor is 
accompanied with such itemized receipts for the money expended after the last 
requisition. 

Sec. 3. It is hereby made the duty of the several boards of managers of Terri- 
torial, charitable, or other institutions which receive any money from the Terri- 
torial treasury at the end of each fiscal year to make out an itemized and detailed 
statement of all receipts and disbursements of such institution up to and inchiding 
the last day of said fiscal year, which shall be sworn to as correct by the secretary, 
treasurer, or other accounting officer of such institution who draws and receives 
the Territorial funds, and shall be transmitted to the governor of the Territory 
within the first thirty days of the new fiscal year; and any failure on the part of 
any person or officer to perform the duties herein specified shall subject such per- 
son to removal from his position, and in case he is a bonded officer it shall be con- 
sidered as a breach of his bond and be a misdemeanor in office, for which he may 



LAWS EELATING TO LAND-GKANT COLLEGES. 133 

be fined in any snmnot exceeding $500 nor less than $100, which shall be recovered 
from him and the sureties on his bond as a penalty. 

Sec. 4. The governing boards of the several educational institutions of this Ter- 
ritory shall, at the same time when the annual financial statement required by sec- 
tion 3 of this act is to be made, also make and transmit to the governor a list of 
the pupils enrolled in such institution on the last day of the preceding fiscal year, 
stating the name, age, residence, and grade of each pupil. 



NEW YORK. 

[The following matter is taken fi'om the Revised Statutes, Codes, and General Laws of the 
State of New York, certified by the Secretary of State, under sec. 932 of the Code of Civil Pro- 
cedure, as amended by Laws of 1895, chap. 594, 3d ed., by Clarence P. Birdseye, New York, 1901.] 

Cornell University: Section 1. The treasurer of the State is hereby designated 
as the officer designated by the laws of the State in pursuance of an act of the 
Congress of the United States approved August 30, 1890, and the assent of this 
State is hereby given to the purpose of said grants and to all the terms and condi- 
tions thereof, as specified in such act of Congress. 

Sec. 2. The treasurer of this State shall keep the accounts of all moneys here- 
after received by him in pursuance of such act of Congress in a separate fund to the 
credit of the Cornell University, and shall pay all such moneys immediately upon 
the receipt thereof by him to the treasurer of the Cornell University upon the 
warrant of the comptroller, issued upon the order of the trustees of the Cornell 
University, in pursuance of said act of Congress. 

Sec. 3. The sum of $15,000 heretofore paid to the treasurer of this State in pur- 
suance of such act of Congi'ess is hereby appropriated, to be paid by the treasurer 
of the State to the treasurer of the Cornell University out of the fund to which 
the same may be credited, upon the warrant of the comptroller, issued upon the 
order of the trustees of the Cornell University in obedience to the requirements 
of said act of Congress. 

Sec. 4. The balance of the income of the college land-scrip ftmd received by the 
State prior to October 1, 1889, and not heretofore paid over to the Cornell Uni- 
versity and reported by the comptroller of this State in his communication to the 
Senate dated March 31, 1890, to be payable to the Cornell University in accord- 
ance with the decision of the court of appeals in the action entitled " The People 
ex rel. Cornell University, appellant, against Ira Davenport, comptroller, respond- 
ent," decided by the court of appeals January 14, 1890, and amounting to the sum 
of $89,383.66, is hereby appropriated, to be paid by the treasurer of the State, out 
of any moneys in the treasury not otherwise appropriated, to the treasurer of the 
Cornell University upon the warrant of the comptroller, issued upon the order of 
the trustees of the Cornell University, reciting that the same shall be in full of all 
claims or demands of the Cornell University against the State for or on account 
of the income of the college land-scrip fund recei ^ed by the State prior to October 
1, 1889, except for the sum of $3,096.25, the balance of such income in the treasury 
of the State upon October 1, 1889. 

Sec. 5. There is hereby established a State veterinary college at Cornell Uni- 
versity. For the purpose of constructing and equipping suitable buildings for 
such college upon the grounds of said university at Ithaca, N. Y., the sum of 
$50,000, or so much thereof as may be necessary, is hereby appropriated, to be paid 
by the treasurer, upon the warrant of the comptroller, upon vouchers approved 
by the commissioner of agriculture, to the Cornell University. No part of such 
money shall be expended until plans and specifications for the construction and 
equipment of such bviildings and of the location thereof shall have been approved 
by the commissioner of agriculture nor until the comptroller shall have certified 
that in his judgment the expense of the completion and equipment of such build- 
ings in accordance with such plans and specifications will not exceed the amount 
of .such appropriation. Such buildings and equipment shall be the property of 
the State. [By a law of 1895, chap. 598, $100,000 was appropriated on the same 
conditions.] 

Sec. 6. The State veterinary college, established by law, shall be known as the 
New York State Veterinary College. The object of said veterinary college shall 
be to conduct investigations as to the nature, prevention, and cure of all diseases 
of animals, including such as are communicable to man and such as cause epizo- 
otics among live stock; to investigate the economical questions which will con- 
tribute to the more profitable breeding, rearing, and utilization of animals; to 



134 EDUCATION EEPOET, 1903. 

produce reliable standard preparations of toxins, antitoxins, and other products 
to be used in the diagnosis, prevention, and cure of diseases and in the conducting 
of sanitary work by approved modem methods; and to give instruction in the 
normal structure and function of the animal body, in the pathology, prevention, 
and treatment of animal diseases, and in all matters pertaining to sanitary science 
as applied to live stock and correlatively to the human family. All buildings, 
furniture, apparatus, and other property heretofore or hereafter erected or fur- 
nished by the State for such veterinary college shall be and remain the property 
of the State. The Cornell University shall have the custody and control of said 
property, and shall, with whatever State moneys may be received for the purpose, 
administer the said veterinary college, with authority to appoint investigators, 
teachers, and other officers, to lay out lines of investigation, to prescribe the 
requirements for admission and the course of study, and with such other power 
and authority as may be necessary and proper for the due administration of such 
veterinary college. Said university shall receive no income, profit, or compensa- 
tion therefor, but all moneys received from State appropriations for the said 
veterinary college or derived from other soiirces in the course of the administra- 
tion shall be kept by said university in a separate fund from the moneys of the 
university, and shall be used exclusively for said New York State Veterinary 
College. Such moneys as may be appropriated to be paid to the Cornell Univer- 
sity by the State in any year, to be expended by said university in the administra- 
tion of said veterinary college, shall be payable to the treasurer of Cornell Univer- 
sity in three equal payments, to be made on the 1st day of October, the 1st day of 
January, and the 1st day of April in such year, and within thirty days after the 
expiration of the period for which such installment is received the said university 
shall furnish the comptroller of the State of New York satisfactory vouchers for 
the expenditure of such installment. The said university shall expend such 
moneys and use such property of the State in administering said veterinary col- 
lege, and shall report to the governor during the month of January in each year 
a detailed statement of such expenditures and of the general operations of the 
said veterinary college. No tuition fee shall be required of a student pursuing 
the regular veterinary course who, for a year or more immediately preceding his 
admission to said veterinary college, shall have been a resident of this State. The 
tuition fees charged to other students and all other fees and charges in said 
veterinary college shall be fixed by Cornell University, and the moneys so received 
shall be expended for the current expenses of the said veterinary college. 

Sec. 7. Upon the acceptance by Cornell University of the provisions of this act, 
which acceptance in writing duly executed and acknowledged in the manner pro- 
vided by law for the execution of written instruments by corporations shall be 
filed in the office of the secretary of state within ten days after the approval 
of this act, the trustees of Cornell University are authorized and empowered to 
create and establish a department in said university to be known as and called 
the Nev>r York State College of Forestry, for the purpose of education and instruc- 
tion in the principles and practices of scientific forestry. 

Sec. 8. For the purposes of such school and for carrying out the X)bjects of this 
act the board of trustees of said university are hereby authorized and empowered, 
by and with the consent and approval and under the direction of the forest pre- 
serve board of this State, to contract for the purchase of and to purchase and to 
acquire by purchase title to not more than 30,000 acres of land in the Adirondack 
forests. The university shall have the title, possession, management, and control 
of such land, and by its board of trustees through the aforesaid college of forestry 
shall conduct upon said land such experiments in forestry as it may deem most 
advantageous to the interests of the State and the advancement of the science of 
forestry, and may plant, raise, cut, and sell timber at such times, of such species 
and quantities, and in such manner as it may deem best, with a view to obtain- 
ing and imparting knowledge concerning the scientific management and use of 
forests, their regulation and administration, the production, harvesting, and repro- 
duction of wood crops, and earning a revenue therefrom, and to that end may con- 
stitute and appoint a faculty of such school, consisting of one director or professor 
and two instructors, and may employ such forest manager, rangers, and superin- 
tendents and incur such other expenses in connection therewith as may be neces- 
sary for the proper management and conduct of said college and the care of said 
lands and for the purposes of this act within the amount hereinafter appropriated. 

Sec. 9. The superintendent of the State land survey or the State engineer and 
surveyor shall make such surveys and furnish such maps as may be required by 
said trustees and authorized and directed by the forest preserve board of lands 
purchased or proposed to be purchased for the purposes of this act. 

Sec. 10. Every deed or conveyance of lands acquired under the provisions of 



LAWS KELATING TO LAND-GEANT COLLEGES. 135 

this act by said tuaiversity shall contain in the habendum clause thereof a condi- 
tion and covenant that the same and the title to the land conveyed therein and 
thereby is taken by the grantee therein named, the Cornell University, under and 
pursuant to the provisions of this act, and shall also contain an express covenant 
running with the land and binding upon said university that the same is con- 
veyed for the uses and purposes in this act provided for, and also an express cove- 
nant on the part of said university to convey said lands to the people of the State, 
as hereinafter provided for. Every such conveyance shall be executed in dupli- 
cate, one of which shall be recorded in the office of the clerk of the county where 
the land is situated and the other in the office of the secretary of state. 

Sec. 11. Payments for the lands thus purchased shall be made in manner fol- 
lowing: Upon the execution of any contract or conveyance pursuant to section 8 
and section 9 above, the board of trustees of the university shall transmit a certi- 
fied copy thereof to the forest-preserve board with a written request for a warrant 
and certificate for the payment of the purchase price to the grantor or proper per- 
sons entitled thereto. The forest-preserve board shall, after examination, and if 
such be the fact, make and execute its certificate that said purchase or contract 
was made by and with its consent and approval and under its direction, and that 
the same is in all respects in conformity with the provisions of this act, and shall 
attach such certificate to said request for a warrant and certificate, and transmit 
the same to the comptroller, who shall thereupon draw his warrant upon the 
treasurer in favor of the grantor or proper person entitled to the purchase price, 
and the treasurer shall pay the same from any moneys heretofore or hereafter 
appropriated for the purpose of chapter 220 of the laws of 1897. 

Sec. 12. All moneys received by Cornell University from State appropriations 
for the said [forestry] college shall be kept by said university in a separate fund 
from the moneys of the university, and shall be used exclusively for said college. 
Such moneys as may be appropriated to be paid to the Cornell University by the 
State, in any year, to be expended by said university in the administration of said 
college shall be payable to the treasurer of Cornell University in three equal pay- 
ments, to be made on the 1st day of October, the 1st day of January, and the 1st 
day of April in each year, and within thirty days after the expiration of the period 
for which each installment is received the said university shall furnish the comp- 
troller of the State of New York satisfactory vouchers for the expenditure of such 
installment. The said university shall expend stich moneys and use such property 
of the State in administering said college, and shall report to the legislature dur- 
ing the month of January in each year a detailed statement of such expenditures 
and of the general operations of said college. Neither the board of trustees nor 
any member thereof shall receive any compensation for services under this act, 
but each such member is entitled to be repaid from the State treasiiry his actual 
and necessary expenses incurred in the performance of any duty imposed upon 
him under this act by the trustees or the foi*est-preserve board, on like certificate 
of the forest-preserve board to and on the audit and warrant of the comptroller. 

Sec. 13. All sums received by the university from the sale of timber or other- 
wise, tinder this act, shall be deposited on the first day of each month to the credit 
of Cornell University in such bank or banks as may be designated by the comp- 
troller for that purpose. Each bank so designated shall file with the comptroller 
a bond in an amount and on conditions approved by him. The treasurer of Cor- 
nell University shall, on or before the fifth day of each month, file with the State 
comptroller a verified statement showing the amount of money so received and 
deposited, when, from whom, and for what received, and the day on which the 
deposit was made, and said statement shall have indorsed thereon a certificate of 
the proper officer of the bank that such deposit has been made. The money so 
deposited may be drawn by the treasurer on his check or draft countersigned by 
the comptroller for any amount included in an estimate approved as herein pro- 
vided. The director of the New York State College of Forestry of Cornell Uni-" 
versity shall, on the first day of each month, file with the comptroller an estimate 
and detailed statement of all moneys that will, in the judgment of such director, 
be required in that month for the administration of the trust committed to Cor- 
nell University under this act in connection with the forest lands. The comp- 
troller may revise and reduce the estimate and shall fix the amount which may be 
drawn thereon. At the end of the period for which the trustees of Coi-nell Uni- 
versity hold title to said forest lands they shall render a full account of said fund 
to the comptroller of the State of New York, and all balances, if any then remain, 
shall be paid over to the State treasurer. 

Sec. 14. Subject only to the powers, duties, and responsibilities vested in or 
imposed upon the trustees of Cornell University by this act and except as may 
be inconsistent with this act and the objects and purposes herein provided for, 



136 EDUCATION EEPOET, 1903. 

the land so purchased shall be deemed to he and shall he regarded as a part of 
the forest preserve, so far as may he necessary for the protection of fish, game, 
and forests, as prescribed by the fish, game, and forest law; and the jurisdictio.i, 
supervision, powers, duties, and responsibilities of the fish, game, and forest 
commission, and of fish and game protectors and foresters, anthorijzed by the fish, 
game, and forest law, except as may be inconsistent with the provisions of this 
act, shall extend and apply to the land so purchased hereunder for the purposes 
of this act. 

Sec. 15. Upon and at the expiration of thirty years from and after the taking 
effect of this act all lands and each and every part and parcel thereof purchased 
by said university and paid for by the State under and pursuant to the provisions 
of this act shall be by the board of trustees of said university, or its successors, 
granted and conveyed to the people of the State of JSTew York by a good and suffi- 
cient deed of conveyance, without further price or consideration therefor, and 
the same shall thereupon be and become a part of the forest preserve. Nothing 
herein contained, however, shall be held or construed to render it obligatory upon 
the trustees to accept the provisions hereof. 

Sec. 16. The sum of $10,000 is hereby appropriated out of any moneys in the 
treasury not otherwise appropriated for the purposes of this act, exclusive of the 
purchase of land, to bo paid to Cornell University; such sum to be expended by 
the board of trustees of Cornell University as hereinbefore provided for. 

State finance law: Sec. 9G. The acceptance by this State of the provisions of 
an act of the Congress of the United States approved July 2, 1863, and which 
acceptance is contained in chapter 20 of the laws of 1863, is continued in force, not- 
withstanding the repeal thereof by this chapter. The money raised under chapter 
78 of the laws of 1895 by the sale or conversion into cash of the securities in which 
were invested the proceeds of the sales of lands and land scrip formerly constitut- 
ing the college land scrip fund, together with the money paid into the State 
treasury from the sale of lands or land scrip belonging to such fund, is held by the 
State as a part of the general fund for the benefit and use of Cornell University. 
Five per cent of the amount of the proceeds so transferred shall annually be paid 
to the Cornell University pursuant to a certificate issued by the comptroller to such 
tmiversity by \'irtue of chapter 78 of the laws of 1895, which certificate is hereby 
ratified and confirmed. Certificates shall also be issued by the State to such uni- 
versity from time to time as the proceeds of the sales of the lands and land scrip 
are paid into the treasury for the payment annually of 5 per cent upon such pro- 
ceeds from the date of their receipt upon the same conditions as the original cer- 
tificate. The comptroller in his annual estimate of the appropriations required for 
the expenses of the government shall include the amount required to pay the interest 
on these certificates. 

Consolidated school law. Title XII: Sec. 245. The several departments of study 
in Cornell University shall be open to applicants for admission thereto at the low- 
est rates of expense consistenb with its welfare and efficiency and without distinc- 
tion as to rank, class, previous occupation, or locality. But with a view to equalize 
its advantages to all parts of the State the institution shall receive students to the 
number of one each year from each assembly district in this State, to be selected 
as hereinafter provided, and shall give them instruction in any or in all the pre- 
scribed branches of study in any department of said institution free of any tuition 
fee or of any incidental charges to be paid to said university, unless such incidental 
charges shall have been made to compensate for materials consumed by said stu- 
dents or for damages needlessly or purposely done by them to the property of said 
university. The said free instruction shall, moreover, be accorded to said students 
in consideration of their superior ability and as a reward for superior scholarship 
in the academies and ptiblic schools of this State. Said students shall be selected 
as the legislature may from time to time direct and until otherwise ordered, as 
follows: 

1. A competitive examination, under the direction of the department of public 
instruction, shall be held at the countj^ court-house in each county of the State 
upon the first Saturday of June in each year by the city superintendents and the 
school commissioners of the county. 

2. None but pupils of at least 16 years of age and of six months' standing in the 
common schools or academies of the State during the year immediately preceding 
the examination shall be eligible. 

3. Such examination shall be upon such subjects as may be designated by the 
president of the university. Question papers prepared by the department of pub- 
lic instruction shall be used, and the examination papers handed in by the different 
candidates shall be retained by the examiners and forwarded to the department of 
public instruction. 



LAWS EELATINa TO LAND-GRANT COLLEGES. 137 

4. The examiners shall, within ten days after such examination, make and file in 
tbe department of public instruction a certificate, in which they shall name all the 
©andidates examined and specify the order of their excellence; and such candidates 
shall, in the order of their excellence, become entitled to the scholarships belonging 
to their respective counties. 

5. In case any candidate who may become entitled to a scholarship shall fail to 
claim the same or shall fail to pass the entrance examination at such university or 
shall die, resign, absent himself without leave, be expelled, or for any other reason 
shall abandon his right to or vacate such scholarship either before or after enter- 
ing thereupon, then the candidate certified to be next entitled in the same county 
shall become entitled to the same. In case any scholarship belonging to any county 
shall not be claimed by any candidate resident in that county, the State superin- 
tendent may fill the same by appointing thereto some candidate first entitled to a 
vacancy in some other county after notice has been served on the superintendent 
or commissioners of schools of said county. In any such case the president of the 
university shall at once notify the superintendent of public instruction and that 
officer shall immediately notify the candidate nest entitled to the vacant scholar- 
ship of his right to the same, 

6. Any State student who shall make it appear to the satisfaction of the president 
of the university that he requires leave of absence for the purpose of earning funds 
with which to defray his living expenses while in attendance may, in the discre- 
tion of the president, be granted such leave of absence and may be allowed a period 
Bot exceeding six years from the commencement thereof for the completion of his 
course at said university. 

7. In certifying the qualifications of the candidates preference shall be given 
(where other qualifications are equal) to the children of those who have died in 
the military or naval service of the United States. 

8. Notices of the time and place of the examinations shall be given in all the 
schools having pupils eligible thereto prior to the 1st day of January in each year, 
and shall be published once a week for three weeks in at least two newspapers in 
each county immediately prior to the holding of such examinations. The cost of 
publishing such notices and the necessary expenses of such examinations shall be 
a charge upon each county, respectively, and shall be audited and paid by the 
board of supervisors thereof. The State superintendent of public instruction shall 
attend to the giving and publishing of the notices hereinbefore provided for. He 
may, in his discretion, direct that the examination in any county may be held at 
some other time and place than that above specified, in which case it shall be held 
as directed by him. He shall keep full records in his department of the reports 
of the different examiners, showing the age, post-office address,, and standing of 
each candidate, and shall notify candidates of their rights under this act. He 
shall determine any controversies which may arise under the provisions of this 
act. He is hereby charged with the general supervision and direction of all mat- 
ters in connection with the filling of such scholarships. Students enjoying the 
privileges of free scholarships shall, in common with the other students of said 
•university, be subject to all of the examinations, rules, and requirements of the 
board of trustees or faculty of said university, except as herein provided. 

Betting and gaming: Sec. 13. It is unlawful to keep or use any tables, cards, 
dice, or any other article or apparatus whatever commonly used or intended to 
be used in playing any game of cards or faro, or other game of chance upon 
which money is usually wagered at any of the following places: ( 1 ) Within a build- 
ing or the appurtenances or grounds connected with any incorporated academy, 
high school, college, or other institution of learning. 

Hazing: Section 1. It shall be unlawful for any person or persons to engage in 
or-aid or abet what is commonly called hazing in and while attending any of the 
colleges, public schools, or other institutions of learning in this State, and who- 
ever participates in the same shall be deemed gTiilty of a misdemeanor, and upon 
conviction shall be fined not less than $10 nor more than $100, or imprisonment 
iciot less than thirty days nor more than one year, or both, at the discretion of the 
court. 

Trusts and trustees: Section 1. Eeal and personal property maybe granted and 
conveyed to any incorporated college or other literary incorporated institiition in 
this State, to be held in trust for either of the following purposes: (1) To estab- 
lish and maintain an observatory; (2) to found and maintain professorships and 
scholarships; (3) for any other specific purposes comprehended in the general 
objects authorized by their respective charters. The said trvists may be created, 
subject to such conditions and visitations as may be prescribed by the grantor or 
donor and agreed to by said trustees, and all property which shall hereafter be 
granted to any incorporated college or other literary incorporated institution in. 



138 EDUCATION EEPOET, 1903. 

trust for either of the aforesaid purposes may be held by such college or institu- 
tion upon such trusts and subject to such conditions and visitations as may be 
prescribed and agreed to as aforesaid. 

Seo. 4. The trusts authorized by this act may continue for such time as may be 
necessary to accomplish the purposes for which they may be created. 

[Section 6 states the conditions under which income from trust fund may be 
allowed to accumulate, and section 7 refers to the manner in which any " diminu- 
tion of principal may be repaid by accumulation of interest."] 

Laws, 1896, chapter 238: Section 1. The board of trustees of said Cornell Uni- 
versity shall hereafter be made up and constituted as follows: The governor, the 
lieutenant-governor, the speaker of the house of assembly, the superintendent of 
public instruction, the president of the State agricultxiral society, the commis- 
sioner of agriculture, the librarian of the Cornell library, and the president of the 
said university shall be trustees thereof ex officio, and the eldest lineal male 
descendant of Ezra Cornell shall be a trustee thereof during his life. There shall 
also be 30 elective trustees, 20 of whom shall be elected by the board of trustees 
and 10 by the alumni of said university; but at no time shall a majority of the 
board be of any one religious sect or of no religious sect. The 15 members now 
constituting the elective members of the present board of trustees of said univer- 
sity shall continue to act as such until the expiration of their respective terms of 
office. At the first commencement following the passage of this act the present 
board of trustees shall elect 2 trustees for a full term of five years each, and at 
the same time, or at any meeting of the board during the next academic year, the 
board of trustees shall elect 10 additional trustees, 2 of whom shall serve for one 
year, 2 for two years, 2 for three years, 2 for four years, and 2 for five years, their 
respective terms being determined by lot, under the direction of the board of trus- 
tees. And thereafter the board of trustees shall elect each year 4 trustees, and as 
many more as may be necessary to fill vacancies among members elected by them 
caused by resignation or death . The alumni of said university shall meet annually , 
at Ithaca, N. Y., on the day before commencement, and at the meeting held at 
the first commencement following the passage of this act the said alumni shall 
elect 1 trustee to serve for a full term of five years, the candidates therefor to be 
designated as candidates for a " full term " if nominations are made, and shall be 
so designated upon the ballots; and at the same time they shall elect 5 additional 
trustees, 1 for one year, 1 for two years, 1 for three years, 1 for four years, and 1 
for five years, the respective terms of the said additional 5 trustees to be deter- 
mined by lot, under the direction of the board of trustees, after their election. 
And thereafter at the meeting of the alumni at each annual commencement said 
alumni shall elect 2 trustees, and as many more as may be necessary to fill vacan- 
cies arising from resignations or deaths among the number previously elected by 
them. Except as hereinbefore otherwise provided, the term of office of each elec- 
tive trustee shall be five years from the annual commencement at which he is 
elected; but if elected by the board of trustees at a meeting thereof during the 
academic year his term shall then be five years from the commencement imme- 
diately preceding his election; but every trustee shall hold over until his successor 
is elected. The election of trustees by the board shall be by ballot, and 15 ballots 
shall concur before any one is elected, and 13 shall constitute a quorum for the 
transaction of business. Who shall be alumni of said university shall be pre- 
scribed by its board of trastees. The election of trustees by the alumni shall be 
by ballot and shall be conducted in the following manner and under the following 
provisions: A register of the signature and address of each of the said alumni of 
the said university shall be kept by the treasurer of the said university at his 
business office. Any ten or more alumni may file with the treasurer, on or before 
the 1st day of April in each year, written nominations of the trustee or trustees 
to be elected by the alumni at the next commencement. Forthwith after such 
1st day of April a list of such candidates shall be mailed by said treasurer to each 
of the alumni at his or her address. Each akimnus may vote by transmitted bal- 
lot for trustee or trustees to be elected by the alumni at any commencement, in 
accordance with such regulations as to the method and time of voting as may be 
prescribed by the alumni and approved by the trustees of the university or its 
executive committee. The candidates to the extent of the number of places to be 
filled having the highest number of votes upon the first ballot shall be declared 
elected, provided that each of said candidates has received the votes of at least 
one-third of all the alumni voting at said election; but if there shall be a failure 
to fill all or one or more of the vacancies caused by expiration of term or other- 
wise, by reason of the fact that one or more candidates having the highest num- 
ber of votes as above fail to receive the votes of at least one-third of the alumni 
voting, then and in that event such vacancies shall be filled by the alumni per- 



LAWS EELATING TO LAFD-GEANT COLLEGES. ■* 139 

sonally present at said meeting, the election being limited to candidates not elected 
on the first ballot, if there is a sufficient number thereof having the highest plu- 
ralities, not exceeding two candidates for each place thus to be filled. (Approved 
April 15, 1896.) 

Laws , 1 897 , chapter 1 28 : Section 1 . For the promotion of agricultural knowledge 
throughout the State the sum of $25,000, or so much thereof as may be necessary, 
is hereby appropriated out of any money in the treasury not otherwise appropri- 
ated, to be paid to the college of agriculture at Cornell University, to be expended 
in giving instruction throughout the State by means of schools, lectures, and other 
university-extension methods, or otherwise, and in condiicting investigations and 
experiments; in discovering the diseases of plants and remedies; in ascertaining 
the best method of fertilization of fields, gardens, and plantations, and best modes 
of tillage and farm management and improvement of live stock, and in printing 
leaflets and disseminating agricultural knowledge by means of lectures or other- 
wise, and in preparing and printing for free distribution the results of such investi- 
gations and experiments, and for republishing such bulletins as may be useful in 
the furtherance of the work, and such other information as may be deemed desir- 
able and profitable in promoting the agricultural interests of the State. Such col- 
lege of agriculture may, with the consent and approval of the commissioner of 
agricultiire, employ teachers and experts and necessary clerical help to assist in 
carrying out the purposes of this bill. Such teachers, experts, and clerical help 
may be removed by the college of agriculture, in its discretion, and may be paid 
for their services such sum or sums as may be deemed reasonable and proper 
and as shall be approved by the commissioner of agriculture. All of such work 
by such teachers and experts who shall be employed under this bill shall be under 
the general supervision and direction of the commissioner of agriculture. The 
sum appropriated by this act shall be paid by the treasurer of the State, upon the 
warrant of the comptroller, to the treasurer of Cornell University upon such 
treasurer filing with the comptroller a bond in such sum and with such sure- 
ties as the comptroller may approve, conditioned for the faithful application of 
such sum to the purposes for which the same is hereby appropriated. Such sum 
shall be payable by the treasurer of Cornell University upon vouchers approved 
by the officers or agents of such university having charge of such college of agri- 
culture, and such vouchers shall be filed by the treasurer of Cornell University in 
the office of the comptroller of the State. (Approved March 25, 1897.) 

[Chapters 67 of the laws of 1898 and 430 of the laws of 1899 appropriate $35,000 
each for the same purpose. Chapter 419 of the laws of 1900 appropriates $10,000 
for the same purpose for the balance of the fiscal year ending October, 1900. 
Chapters 418 of the laws of 1900 and 644 of the laws of 1901 appropriate $35,000 
each for the promotion of agricultural knowledge, as provided in the above act, 
and require that the sum of $3,000 be used in the promotion of knowledge relat- 
ing to poultry and egg production.] 



NORTH CAROLINA. 

Constitiition (1868), Article I: Sec. 27. The people have the right to the priv- 
ilege of education, and it is the duty of the State to guard and maintain that right. 

Article IX: Section 1. Religion, morality, and knowledge being necessary to 
good government and the happiness of mankind, schools and the means of educa- 
tion shall forever be encouraged. 

Sec. 14. As soon as practicable after the adoption of this constitution the gen- 
eral assembly shall establish and maintain in connection with the university a 
department of agriculture, of mechanics, of mining, and of normal instruction. 

[The following section is taken from the Code of North Carolina, enacted March 2, 1883. pre- 
pared by "William T. Dortch, John Manning, John S. Henderson, in two volumes. New Yort, 
1883.] 

Sec. 2196. The department of agriculture shall establish an agricultural experi- 
ment and fertilizer control station, and shall employ an analyst skilled in ag-ricul- 
tural chemistry. It shall be the duty of said chemist to analyze siich fertilizers 
and products as may be required by the department of agriculture, and to aid as 
far as practicable in suppressing fraud in the sale of commercial fertilizers. He 
shall also, under the direction of said department, carry on experiments on the 
nutrition and growth of plants, with a view to ascertain what fertilizers are best 
suited to the various crops of this State, and whether other crops may not be 
advantageously grown on its soil, and shall carry on such other investigations as 



140 EDUCATION EEPOET, 1903. 

the said department may direct. He shall make regular reports to the said depart- 
ment of all analyses and experiments made, which shall be furnished when deemed 
needful to such newspapers as will publish the same. His salary shall be paid 
out of the funds of the department of agriculture. 

Laws and Eesolutions, 1885, chapter 308 [amended by chapter 370, laws of 1899, 
q. V.]: Section 1. The board of agriculture is hereby authorized and directed to 
seek proposals of donations for the establishment of an industrial school, and when 
any city or town shall donate in lands, buildings, machinery, or other maten'als 
or money an amount adequate, in the judgment of said board, for the establish- 
ment of said industrial school, it shall be their duty to locate the same at such 
place, and if there be more than one city or town making such proposals it shall 
be the duty of the board to locate it at the place offering the greatest inducement. 

Sec. 2. The board of agriculture shall direct the organization and equipment of 
the said school, and shall manage and control the same in conjunction with a board 
of three directors appointed by the board of aldermen of the city or town whose 
proposal is accepted. The local board of directors may sit with the board of agri- 
culture in adrisement upon all matters pertaining to the said school, but shall not 
have power to vote upon questions involving appropriations from the funds of the 
department of agriculture. « 

Sec, 3. Instruction shall be provided in this school in woodwork, mining, metal- 
lurgy, practical agriculture, and in such other branches of industrial education as 
may be deemed expedient. 

Sec. 4. The board of agriculture shall apply to the establishment and mainte- 
nance of said school such part of their funds as is not required to conduct the 
regular work of the department: Provided, That not more than $5,000 of their 
funds shall be applied to the establishment of the school in one year. 

Ibid., 1887, chapter 410 [amended by chapter 348, laws of 1891, and chapter 370, 
laws of 1899, q, v] : Section 1. The industrial school provided for in chapter 308, 
laws of 1885 _, shall be denominated "The I^orth Carolina College of Agriculture 
and Mechanic Arts," and shall be located on the lands offered to be donated, 
in accordance with the provisions of the said law, near the city of Raleigh. 

Sec. 2. The leading object of this college shall be, withoutexcluding other sci- 
entific and classical studies, to teach such branches of learning as are related to 
agriculture and the mechanic arts, in order to promote the liberal and practical 
education of the industrial classes in the several pursuits and professions of life. 

Sec. 3. [Amended by chapter 106, laws of 1889, also by chapter 374, laws of 
1895, and chapter 328, laws of 1897, q. v.] The management and control of said col- 
lege and the care and preservation of all its property shall be vested in a board of 
trustees, to be composed of the board of agriculture of North Carolina and five 
other persons, who shall be appointed by the governor, by and with the consent 
of the senate, who shall have power to appoint its president, instructors, and as 
many other officers or servants as to them shall appear necessary and proper, and 
shall fix their salaries and prescribe their duties. They shall also prescribe rules 
for the management and preservation of good order and morals at the said college 
as are usually made in such institutions and are not inconsistent with the consti- 
tution and laws of the State; have charge of the disbursement of its funds, and 
have general and entire "supervision of the establishment and maintenance of the 
said college. And the president and instructors in the said college, by and with 
the consent of the said board of trustees, shall have the power of conferring such 
certificates of proficiency or marks of merit as are usually conferred by such col- 
leges: Provided, That the board of trustees shall be composed half of each political 
party. 

Sec. 4. The certificates of indebtedness of this State for $125,000, issued for the 
principal of the land scrip to the trustees of the University of North Carolina, and 
bearing interest at 6 per centum per annum, shall be transferred on the 30th day 
of June, 1888, or as soon thereafter as it shall appear that the agricultural and 
mechanical college is ready to receive the interest on the land-scrip fund, and that 
the principal of the fund will not in any way be compromised by such a transfer 
to the said board of trustees for the benefit of the said North Carolina College of 
Agriculture and Mechanic Arts, and the interest thereon shall thereafter be paid 
to them by the treasurer semiannually, on the 1st day of July and January in each 
' year, for the purpose of aiding in support of the said college, in accordance with 
the provisions of the act of Congress approved July 2, 1862. 

Sec. 5. The directors of the North Carolina State Penitentiary shall be required 
to furnish all brick and stone requisite for the erection of the necessary buildings 
of the said college, and to furnish convict labor for preparation of the grounds 
and the foundations, the erection of the said buildings, and for such other pur- 
poses in connection with the establishment of the said college as they may be able; 



LAWS RELATIE^a TO LAND-GRANT COLLEGES. 141 

sucli material and labor to be free of charge to said college: Provided, That the 
work required of the penitentiary shall not interfere with any contracts upon 
which the penitentiary may be engaged, and that the work by the penitentiary 
shall be limited to two years from date. 

Sec. 6. The board of agriculture shall turn over to the board of trustees of said 
college, as provided in this act, to be applied to the establishment, maintenance, 
and enlargement of the said college, all funds, land, material, and other property 
which have accumulated in their hands for the establishment of an industrial 
school, under chapter 308, laws of 1885, and annually thereafter, the whole residue 
of their funds from licenses on fertilizers remaining over and not required to con- 
duct the regular work of that department. The agricultural experiment and fer- 
tilizer control station already established under the said board of agriculture shall 
be connected with the said college, and the board of agriculture may turn over to 
the said trustees, in whole or in part, for the purposes of the said college, any 
buildings, lands, laboratories, museums, or other property which may be in their 
possession as, in their judgment, maybe thought proper. The said board of trus- 
tees are empowered to receive any donations of property, real or personal, which 
may be made to the said college of agriculture and mechanic arts, and shall have 
the power to invest or expend the same for the benefit of said college. The said 
board of agriculture shall have the power to accept on behalf of this State dona- 
tions of property, real or personal, and any appropriations which may be made by 
the Congress of the United States to the several States and Territories for the 
benefit of agricultural experiment stations, and they shall expend the whole amount 
so received for the benefit of the aforesaid agricultural experiment station and in 
accordance with the act or acts of Congress in relation thereto. 

Sec. 7. The xise of the 300 acres of land, m.ore or less, known as the Camp Man- 
gum tract, belonging to the State of North Carolina and situated one-half mile 
west of the State fair grounds, is hereby given to said board of trustees for the 
benefit of said college of agiiculture and mechanic arts or of the experiment station 
connected therevnth. 

Sec. 8. The board of trustees shall admit to the benefits of the said college, free 
of any charges for tuition, upon evidence of good moral character and of their 
inability or the inability of their parents or guardians to pay their tuition, a cer- 
tain number of youths, to be determined by them, not to be less than 120, and 
shall apportion the same to the different counties applying, according to their rela- 
tive number of members in the house of representatives of Korth Carolina. The 
said board are hereby empowered to make the necessary regulations for carrying 
this into effect and for the admission of other students. 

Sec. 9. Every student in this college of agriculture and mechanic arts shall bd 
required to take a course of manual training or labor, together vsdth the othei? 
courses of study and exercises, as the board shall direct. 

Ibid., 1889, chapter 106: Section 1. Section 3 of chapter 410, laws of 1887, is 
amended by striking out all after the word " colleges," in line 20 of said section. 

Ibid., 1891, chapter 348 [amended bychapter370, lawsof 1899, q. v.]: Section 1. 
Section 1 of chapter 410, laws of 1887, is amended by adding the following at the 
end of the section: "And on such other lands as may be hereafter acquired by said 
college. The North Carolina College of Agriculture and Mechanic Arts is hereby 
incorporated and is authorized to purchase, hold, or sell real estate for the benefit 
of said college, and the management of said corporation shall be by the board of 
trustees now provided by law and their successors in office." 

Sec. 3. Section 6 of chapter 410_, laws of 1887, is amended by striking out all 
after the words " eighty-five," in line 8, to and including the word " department," 
in line 11. Also the following shall be substituted in lieu of all after line 23 in said 
section: " The said board of trustees shall have power to accept on behalf of the 
State donations of property, real or personal, and any appropriations made by [the] 
Congress of the United States to the several States and Territories for the benefit 
of agricultural experiment stations or the agricultural and mechanical colleges in 
connection therewith, and they shall expend the whole amount so received in 
accordance with the acts of Congress in relation thereto." 

Sec. 3. Section 7 of chapter 410, laws of 1887, is substituted by the foUovnng: 
" The 200 acres of land, more or less, known as a part of the Camp Mangum tract, 
"belonging to the State of North Carolina and situated one-half mile west of the 
State fair gi-ounds, is hereby given to^the said board of trustees for the said Col- 
lege of Agriculture and Mechanic Arts." 

Sec. 4. Section 8 of chapter 410, laws of 1887, is amended by inserting after the 
word ' ' Carolina," in line 10, the following: "And it shall be the duty of the super- 
intendent of instruction in each county, on the days fixed by law for examination 
of teachers of the public schools, also to examine candidates for county students 



142 EDUCATION EEPOET, 1903. 

to the said college, blanks for such purpose to be furnished annually by the presi- 
dent of said college to the superintendents of instruction in each county. ' ' 

Sec. 5. The following section is added to chapter 410, laws of 1837: " That for 
the purpose of famishing proper facilities for the education provided under this 
act and to purchase additional land and the erection of suitable buildings the fol- 
lowing sums shall be appropriated from funds in the public treasury of this State 
not otherwise appropriated, viz, $10,000 for the year 1891, $10,000 for the year 
1892, such sums to be payable annually to the treasurer of the North Carolina Col- 
lege of Agriculture and Mechanic Arts, one-half on the 1st day of January and 
July of each year. 

Ssc. 6. The following section is added to chapter 410, laws of 1887: " The appro- 
priation made by act of Congress of the date of August 30, 1890, for the benefit of 
colleges of agriculture and mechanic arts shall be divided into the exact ratio in 
this State of the v/hite population to the colored, this provision to apply to the 
current and all succeeding appropriations." 

Sec. 7. The following section is added to chapter 410, laws of 1887: "That it 
shall not be lawful for any person or persons to sell any intoxicating liquors within 
three-fourths of a mile of the main college building." 

Sec. 8. Power is hereby conferred upon the trustees of the said college to effect 
a sale of the lot known as the " Grissom lot," containing 8^ acres, more or less, 
and to make title to the purchaser or purchasers thereof, the said lot now being 
under the control of the said trustees and having been purchased from [with] 
funds donated by the city of Raleigh as a site for an industrial school. (Ratified 
March 6, 1891.) 

Ibid., 1891. chapter 549: Section 1. A college of agriculture and mechanical arts 
is hereby established for the colored race, to be located at some eligible site within 
this State, to be hereafter selected by the board of trustees hereinafter provided for. 

Sec. 2. The said institution shall be denominated ' "The Agricultural and Mechan- 
ical College for the Colored Race." 

Sec. 3. The leading object of the institution shall be to teach iDractical agricul- 
ture and the mechanic arts and such branches of learning as relate thereto, not 
excluding academical and classical instruction. 

Sec. 4. [Amended by chapter 389, laws of 1899, q. v.] The management and con- 
trol of the said college and the care and preservation of all of its property shall be 
vested in a board of trustees, who shall be selected by the general assembly at 
each term thereof, consisting of nine members, one from each of the several Con- 
gressional districts of the State, three of whom shall be selected for a term of two 
years, three for four years, and three for six years, and at the expiration of the 
term of each class their successors shall be elected for a term of six years. Any 
vacancy which may occur for any cause shall be filled by the governor for the 
unexpired term. The said board shall elect one of their number to be the presi- 
dent of the board of trustees. 

Sec. 5. The said board of trustees shall have power to prescribe rules for the 
management and preservation of good order and morals at the said college as are 
usually made in such institutions; shall have power to appoint its president, 
instructors, and as many other officers or servants as to them shall appear neces- 
sary and proper, and shall fix their salaries, and shall have charge of the disburse- 
ment of the funds, and have general and entire supervision of the establishment 
and maintenance of the said college; and the president and instructors in the said 
college, by and with the consent of the said board of trustees, shall have the power 
of conferring such certificates of proficiency or marks of merit and diplomas as 
are usually conferred by such colleges. 

Sec. 6. The said board of trustees are empowered to receive any donation of 
property, real or personal, which may be made to the said college of agriculture 
and mechanic arts, and shall have power to invest or expend the same for the 
benefit of said college, and shall have power to accept on behalf of this college 
such proportion of the fund granted by the Congress of the United States to the 
State of North Carolina for industrial and agricultural training as is apportioned 
to the colored race, in accordance with the act or acts of Congress in relation 
thereto. 

Sec. 7. In addition to the powers hereinbefore granted, the board of trustees 
shall have power to make such rules and regulations with respect to the admission 
of pupils to the said college for the various Congressional districts of this State 
as they may deem equitable and right, having due regard to the colored population 
thereof. 

Sec. 8. For the purpose of locating the said college at some convenient and 
suitable site within the State, the said board of trustees are hereby authorized to 



LAWS KELATING TO LAND-GEANT COLLEGES. 143 

receive propositions from the varioits localities of this State, and are hereby fully- 
empowered to accept any proposition which to them may seem best for the inter- 
ests of the State and for carrying out the purposes of this act according to the 
true intent and meaning thereof. 

Sec. 9. Before the said board of trustees shall finally accept a proposition from 
any locality for the establishment of the said college thereat they shall receive a 
deed in fee simple absolute to them and their successors in office for all lands, 
buildings, or structures donated as a consideration for the location of said college. 

Sec. 10. For the purpose of carrying out the provisions of this act the sum of 
$2,500, is hereby annually appropriated to the said college, and the treasurer of the 
State is hereby authorized and directed to pay the said amount out of any funds 
in the treasury not otherwise appropriated upon the warrant of the board of 
trustees or such other officer or officers as the said board may designate. 

Sec. 11. Until the site and buildings shall have been furnished for the location 
of the said college the said board of trustees shall have power to make temporary 
provisions for the industrial and mechanical education of the colored youth of the 
State at some established institution of learning within the State, under such rules 
and regulations as they may prescribe. 

Sec. 13. Until the site and buildings shall have been furnished for the location 
of the said college and the buildings shall be completed the provisions which now 
or may be made by the trustees of the North Carolina College of Agriculture and 
Mechanic Arts with any present institution of learning in the State shall continue, 
but said trustees shall not have power to make any such arrangement for more 
than one year at a time; but when said buildings shall have been completed then 
the board of trustees of the Agricultural and Mechanical College for the Colored 
Race shall have all the rights, powers, and privileges of the said board of trustees 
of the North Carolina College of Agriculture and Mechanic Arts over any and 
all funds which may belong or appertain to the colored race. 

Sec. 13. [Amended by chapter 389, laws of 1899, q. v.] The trustees of the said 
"The Agricultural and Mechanical College for the Colored Race" shall be entitled 
to the same per diem and mileage as compensation for attendance upon the meet- 
ings of said board as are now allowed by the law to the members of the general 
assembly. (Ratified March 9, 1891.) 

Public Laws and Resolutions, 1893, chapter 252: Section 1. The sum of S5,000 
per year for the years 1893 and 1894 is hereby appropriated from funds in the pub- 
lic treasury of this State for the purpose of completing, erecting, and furnishing 
said building for the use of the North Carolina Agricultural and Mechanical 
College for the Colored Race. 

Ibid., 1893, chapter 378: Section 1. The sum of $10,000 annually for the years 
1893 and 1894 is hereby appropriated for the support, maintenance, and extension 
of the College of Agriculture and Mechanic Arts, to be paid on the 1st day of 
March and September of each year out of the funds in the treasury. 

Ibid., 1895, chapter 145: Section 1. The sum of $10,090 annually is hereby 
appropriated for the support and maintenance of the North Carolina College of 
Agriculture and Mechanic Arts, $5,000 to be paid on the 1st day of April and Sep- 
tember of each year out of the funds in the State treasury not otherwise appro- 
priated. 

Sec. 2. The treasurer of the State of North Carolina is hereby declared, ex officio, 
the treasurer of the board of trustees of the said college. 

Ibid., 1895, chapter 203: Section 1. The sum of $7,500 annually for the years 
1895 and 1896 be appropriated for the erection of additional buildings, and for the 
further equipment of the college; $3,750 to be paid out of the funds in the State 
treasury not otherwise appropriated on the 1st day of April and September of 
each year. 

Sec. 2. [Makes State treasurer ex officio the college treasurer.] 

Ibid., 1895, chapter 146: Section 1. The sum of $5,000 is hereby annually appro- 
priated for the support, maintenance, equipment, enlargement, and extension of 
the North Carolina Agricultural and Mechanical College for the Colored Race, to 
be paid on the 1st days of April and October of each year, out of funds in the 
treasury not otherwise appropriated. 

Ibid., 1895, chapter 374 [amended by chapter 328, laws of 1897, q. v.] : Section 1. 
The department of agriculture shall be under the control and supervision of a 
board which shall be composed of the president of the North Carolina State 
Farmers 'Alliance and of one member elected by the general assembly from each 
Congressional district, and five additional members to be hereafter elected by the 
general assembly for the State at large. The members elected for the Congres- 
sional districts shall hold their terms for two years. So much of the code as con- 



144 EDUCATIOir EEPOST, 1903. 

stitiites the governor, the master of the State grange, the president of the State 
Agricultural Society, and the president of the agricultural college the board is 
hereby repealed, and so much of said section or of any other law as is inconsistent 
with this act is also repealed. 

Sec. 2. The management and control of the North Carolina College of Agricul- 
ture and Mechanic Arts and the care and preservation of all its property shall 
reside with and be vested in the board of agriculture, and so much of section 3 of 
chapter 410, laws of 1887, as provides for a board of trustees, consisting in part of 
five persons appointed by the governor, is hereby repealed, and the board of trus- 
tees mentioned in said section 3 and the offices of trustees thereby created are 
hereby abolished; and so much of said act hereinbefore cited as may be incon- 
sistent with this act is hereby repealed, and all laws and clauses of laws inconsist- 
ent with this act are hereby repealed. 

Sec. 3. The board of agriculture shall have all the powers and perform all the 
duties heretofore exercised or required of the board of trustees of the North 
Carolina College of Agriculture and Mechanic Arts. 

Ibid., 1897, chapter 328 [amended by chapter 870, laws of 1899, q. v.] : Section 1. 
From and after the ratification of this act the North Carolina College of Agricul- 
ture and Mechanic Arts shall be controlled and managed by a board of trustees 
entirely separate and distinct from the department of agriculture, together with 
the care and preservation of all its property. 

Sec. 2. The board of trustees shall consist of fifteen persons, of whom the presi- 
dent of the college shall be ex officio one; the other fourteen shall be divided into 
three classes, to be confirmed by the senate, and their terms shall be four for two 
years, five for four years, and five for six years. The governor shall nominate 
these trustees to the senate, and shall state the term of each in the nomination. 
The governor shall select one trustee from each Congressional district and the 
other five from the State at large. 

Sec. 3, All vacancies occurring under this act shall be filled by the appointment 
of the governor and confirmed by the senate if that body is in session at the time 
of the filling of the vacancy; if the senate is not in session when the vacancy is to 
be filled, the governor shall appoint, and the appointee shall hold until his suc- 
cessor is confirmed by the senate ; and if the senate shall fail to confirm any nomina- 
tion, the governor, within ten days after the adjournment of the senate, shall fill 
the vacancy. 

Sec. 4. All powers heretofore vested in a board of trustees under chapter 410, 
laws of 1887, and chapter 348, laws of 1891, and the act of this general assembly to 
which this is supplemental, and all other laws not specially mentioned herein which 
are not inconsistent nor in conflict ^vith this act, are hereby vested in the board of 
trustees created by this act. 

Sec. 5. Immediately upon the ratification of this act the secretary of state shall 
furnish to the governor a certified copy thereof, and immediately upon confirma- 
tion by the senate the secretary of state shall notify each trustee of his appoint- 
ment, and the trustees shall assemble at the college on Tuesday, the 9th day of 
March next, and shall proceed to organize under this act and enter upon the dis- 
charge of their duties by electing a president of the board and such other officers 
as the board may deem for the best interests of the college. The number and 
time of the meetings of the board shall be fixed by the board, and the trustees 
shall not receive any pay or per diem, but only their traveling expenses, and that 
only for four times in each year. 

Sec. 6. It is not the intention of the general assembly that the trustees herein 
provided for shall be officers vsdthin the meaning of section 7 of Article XIV of the 
constitution, and they are declared to be special trustees for the special purposes 
of this act. 

Sec. 7. This act is supplemental to an act heretofore enacted by this general 
assembly, entitled " An act concerning the department of agriculture and the col- 
lege of agriculture and mechanic arts," and must be construed in connection with 
that act. [No act was passed having this title. It is evident that chapter 374 of 
the laws of 1895 is referred to, but the title of that is, "An act to reduce the 
©xpenses of the department of agriculture and to place the control of the North 
Carolina College of Agriculture and Mechanic Arts with the board of agriculture. ' '] 

Ibid., 1897, chapter 486: Section 1. The sum of $5,000 is hereby appropriated 
for the maintenance and equipment of the Agricultural and Mechanical College 
for the Colored Eace for each of the years 1897 and 1898, to be in installments of 
$2,500 on the 1st days of April and October of each year 1897 and 1898. 

Ibid., 1897, chapter 585. [Appropriates to the North Carolina College of Agri- 
culture and Mechanic Arts $5,000 for a new boiler and to erect a hospital.] 



LAWS RELATING TO LAlS'D-GBAIirT COLLEGES. 145 

Ibid. , 1899, chapter 370: Section 1. Chapter 308 of the public laws of 1885, chap- 
ter 410 of the public laws of 1887, chapter 106 of the public laws of 1889, chapter 
348 of the public laws of 1891, chapter 85 of the public laws of 1897, and chapter 
338 of the public laws of 1897, and all laws repealed and amended thereby, are 
hereby repealed and amended in so far as they relate to and affect .the agricultural 
and mechanical college so as to read as follows: The North Carolina College of 
"Agriculture and Mechanic Arts " shall be known and designated by the name of 
the "North Carolina College of Agriculture and Mechanic Arts," and shall be a 
body politic and corporate, with right to hold personal property and real estate" 
for the benefit of said college. 

Seo. 2. The leading objects of this college shall be to teach the branches of learn- 
ing relating to agricultural and mechanical arts a^nd such other scientific and 
classical studies as the board of trustees may elect to have taiight, and to promote 
the liberal and practical education of the industrial classes in the several pursuits 
and professions of life. 

Sec. 3. [Repealed by chapter 650, laws of 1901, q. v.] The management and con- 
trol of the said college and the care and preservation of its property shall be vested 
in a board of trustees consisting of 21 persons, and in addition thereto the presi- . 
dent of said college shall be an ex officio member of said board. The said board 
of 21 shall be elected as follows: One from each Congressional district in the State, 
each of whom shall be a skilled and practical agriculturist, and 12 from the State 
at large, who shall be" persons interested in agricultural, mechanical, and indus- 
trial education. The trustees elected at this session of the general assembly shall 
hold office for two years, and there shall be elected at the nest session of the gen- 
eral assembly 7 triistees who shall hold office for two years, 7 trustees Avho shall 
hold office for four years, and 7 trastees who shall hold office for six years, and 
that at the present general assembly there shall be elected such a number of trus- 
tees as with the present members thereof shall make said board composed of 21 
persons. 

Sec. 4. It shall be the duty of the board of trustees to appoint the president and 
instructors of the said college and all other such officers and servants as to them 
may seem necessary. They shall have charge of the disbursement of its funds and 
shall have full supervision and control, and shall be charged with the maintenance 
of the college. The State treasurer shall be ex officio treasurer of said board of 
trustees. The president and instructors, under the direction and supervision of 
the trustees, shall have power to confer such certificates of proficiency or marks 
of merit as may be deemed proper. 

Sec. 5. The board of trustees shall own and hold the certificates of indebted- 
ness amounting to $125,000 issued for the principal of the land-scrip fund, and the 
interest thereon shall be paid to them by the State treasurer semiannually on the 
1st day of July and January in each year for the purpose of aiding in the sup- 
port of said college in accordance with the act of Congress approved July 2, 1862, 
entitled "An act donating public lands to the several States and Territories which 
may provid-e colleges for the benefit of agriculture and the mechanic arts." 

Sec. 6. The agricultural experiment and control station shall be connected with 
the said college and controlled by the board of trustees thereof. The said board 
of trustees shall have power to accept and i-eceive on the part of the State property , 
persona,l, real, or mixed, and any donations from the United States Congress to the 
several States and Territories for the benefit of agricultural experiment stations or 
the agricultural and mechanical colleges in connection therewith, and they shall 
expend the amount so received in accordance with the acts of Congress in relation 
thereto. 

Sec. 7. The board of trustees shall admit to the benefits of the said college free 
of any charge for tuition, upon proper evidence of good moral character and of 
their inability and the inability of their parents or guardians to pay their tuitions 
and of their capacity to receive instruction, a certain number of youths, to be de- 
termined by them, not to be less than 120, and shall apportion the same to the 
different counties applying according to their relative number of members in the 
house of representatives of North Carolina, and it shall be the duty of the super- 
intendent of instructfon in ea,ch county on the days fixed by law for the examina- 
tion of teachers of the public schools also to examine candidates for county stii- 
dents to the said college, blanks for such purpose to be ftirnished annually by 
the president of the college to the superintendents in each county. 

Sec. 8. The appropriations made or which may hereafter be made by Congress 
for the benefit of colleges of agricultural and mechanical arts shall be divided 

ED 1903 10 



146 EDUCATION BEPOET, 1903. 

between the white and colored institutions in this State in the ratio of the white 
population to the colored. 

Sec. 9. Any person who shall sell spirituous or intoxicating liquors within three- 
fourths of a mile of any of the buildings of said college shall be guilty of a misde- 
meanor. 

Sec. 10. The board of trustees shall meet in the city of Raleigh on the second 
Monday in March, 1899, and elect of their number a president and an executive 
committee of three, one of whom shall be the president of the board of trustees, and 
it shall be the duty of the executive committee to meet at the call of the president 
and perform such duties as may be assigned to them by the board of trustees. 
The board of trustees shall thereafter meet annually at such time as they may 
agree upon. The members of the board shall receive their mileage and hotel fare 
while attending upon the meetings of the board, but no members of the board of 
trustees except the executive committee shall be allowed their expenses for more 
than five meetings in any one year. (Ratified March 3, 1899.) 

Ibid., 1899, chapter 389: Section 1. Section 4, chapter 549, public laws of 1891, 
is amended as follows: There shall be elected by this general assembly 6 additional 
trustees [of the Agricultural and Mechanical College for the Colored Race] in 
addition to those provided for in the said chapter, two of whom shall be elected 
for a term of two years, two for four years, and two for six years. 

Sec. 2. Section 13 of said chapter 549 is amended to read as follows: The num- 
ber and times of the meeting of the board shall be fixed by the board, and the 
trustees shall not receive any pay or per diem, but only their traveling expenses 
and hotel fare, and that only for four times in each year. 

Sec. 3. The board of trustees shall have power to elect an executive board of 
three of their own number, who shall have the immediate management of the 
said institution when the full board is not in session. (Ratified March 4, 1899. ) 

Ibid., 1899, chapter 591: Section 1. The trustees [of the Agricultural and 
Mechanical College for the Colored Race] provided for in chapter 549 of the pub- 
lic laws of 1891, together with those elected under chapter 389 of the public laws 
of 1899, shall meet in the college in Greensboro on Wednesday, March 22, 1899, 
and elect a chairman and executive committee of said board and discharge such 
other duties as they may see proper and which pertain to their office. (Ratified 
March 7 1899.) 

Ibid., 1899, chapter 704: [Section 1.] A. Q. HoUiday, W. O. Riddick. and J. R. 
Rogers are hereby appointed and constituted a commission and are hereby author- 
ized, directed, and empowered to have constructed a sewer from the college of 
agricxTlture and mechanic arts to and connecting with the sewer system of the 
city of Raleigh. The said commission is hereby given full power to lay off and 
have constructed the said sewer in such manner as they may deem proper, and it 
is empowered to contract with adjacent residents and allow them to connect with 
the sewer upon payment of a proper sum for said privilege. 

Ssc. 2. The expense of building said sewer shall be defrayed by the college of 
agriculture and mechanic arts if it has money available for that purpose, and if 
there be no funds so available the State treasurer is hereby empowered to advance 
the sum of $2,590 out of any money in the treasury not otherwise appropriated, 
and the money so advanced shall be considered a loan to the said college and a 
charge on its revenues, and shall be retained by the treasurer out of the amount 
appropriated for the year 1900. 

Sec. 8. The treasurer of the State will pay over said money upon the warrant 
of the auditor, upon proof that the said sewer has been let out to a responsible 
bidder, to be completed at a cost to the college of not exceeding the sum advanced 
by the State. (Ratified March 8, 1899.) 

Ibid., 1901. chapter 434: Section 1. There shall be appointed by the governor, 
on or before August 15, 1902, and every two years thereafter, a l3oard of exam- 
iners consisting of three members; one member of this board shall be of the party 
different from the party in power: Provided, That no member of the said board 
shall be connected directly or indirectly with any State institution. Before enter- 
ing upon the discharge of their duties said commissioners shall take and subscribe 
an oath faithfully to do and perform the duties and true report to make thereon. 

Sec. 2. It shall be the duty of said board of examiners, between August 15, 
1902, and November 15, 1902. and every two years thereafter, to visit all State insti- 
tutions, including institutions supported in part by the State, and to carefully and 
thoroughly examine the same, and on or before November 15, 1902, and every two 
years thereafter, make report to the governor, showing the condition, efficiency, 
and needs of each of said institutions, together with their recommendations as to 
the amount the general assembly should appropriate for each of said institutions, 



LAWS EELATING TO LAND-GRiiNT COLLEGES. 147 

and the object for which said appropriations shotild be made. And said board of 
examiners shall thoroughly examine the books, vouchers, etc., of said institutions 
and report such expenditures, if any, as in their opinion were unnecessary. 

Sec. 3. Said board of examiners is hereby authorized and empowered to sum- 
mon any employee of said institutions or other person before it to testify under 
oath as to any matter pertaining to said institutions, and for said purpose they 
are hereby authorized to administer oaths. 

Sec. 4. On or before December 1, 1902, and every two years thereafter, the gov- 
ernor shall cause said report to be printed and a copy thereof mailed to members- 
elect of the general assembly. 

Sec. 5. This board of examiners shall make their said visits for the purposes set 
forth in this act without having in any manner given notice of the time thereof 
to the officials of said institutions. 

Sec. 6. No member of the board of examiners as provided for in this act shall 
be a member of the general assembly to which said board makes its report. 

Sec. 7. No committee appointed by the general assembly shall visit said State 
institutions, except by special order of the general assembly. 

Sec. 8. The governor is hereby authorized, in addition to the provisions above 
set forth, to send said board of examiners to visit and inspect any of said institu- 
tions at any time he may deem it necessary. 

Sec. 9. Said board of examiners shall receive for their services each $4 per day, 
together with traveling and other actual expenses while engaged in examining 
and making reports on said institutions. (Ratified March 7, 1901.) 

Ibid., 1901, chapter 650: Section 1. Section 3 of chapter 370 of the public laws 
of 1899 is hereby repealed, and the management and control of the North Carolina 
College of Agriculture and Mechanic Arts shall be vested in the board of agri- 
culture, and the said board shall have and exercise all the powers and be subject 
to all the duties granted to and imposed upon the board of trustees of the said 
college in said act. [The board of agriculture consists of one member from each 
Congressional district of the State, appointed by the governor and confirmed by 
the senate for terms of six years. (Laws of 1901, chapter 479.)] 

Sec. 2. The board of agriculture shall use for the purpose of said college and 
for the benefit of education in agriculture and mechanic arts, as well as in further- 
ance of the powers and duties conferred upon said board by existing laws, any 
funds, buildings,, lands, laboratories, and other property which may be in their 
possession, as in their judgment shall be thought proper. 

Sec. 3. It shall be the duty of the governor to appoint a board of visitors, to 
consist of eleven members, besides the commissioner of agriculture and the presi- 
dent of the college, who shall be ex officio members of the board, whose duty it 
shall be to meet at least once in each year, and not more than twice, in the city of 
Raleigh, to visit and inspect the College of Agriculture and Mechanic Arts 
and make such recommendations to the board of agriculture for the conduct of 
said college as they may deem wise and beneficial. This board of visitors shall 
elect a chairman, and shall meet at such time, within the limits herein prescribed, 
as said chairman shall designate. They shall serve without compensation, but 
their actual expenses of traveling to and from home and their board shall be paid. 
The terms of service of four of these visitors shall be two years, of four others 
four years, and of the remaining three six years, and successors of these visitors, 
respectively, shall be appointed by the governor at the expiration of their term for 
a term of six years. (Ratified March 13, 1901.) 

Ibid., 1901, chapter 737: Sec. 6. [Appropriates to North Carolina College of Agri- 
culture and Mechanic Arts, in addition to its standing appropriation, "$17,488.26 
to pay indebtedness contracted by a former administration and $3,033.36 additional 
to pay indebtedness incurred by present administration." Also " $10,000 for each 
of the years 1901 and 1902 for the erection and equipment of a building for a tex- 
tile department."] 

Sec. 7. [Appropriates $5,000 " to the Colored Agricultural and Mechanical Col- 
lege of Greensboro for each of the years 1901 and 1902 in addition to its standing 
appropriation. This appropriation shall not be paid if the State board of educa- 
tion shall transfer to said school an eqtial amount of the appropriations for the 
colored normal schools of the State."] 

Ibid., 1901, chapter 751: Section 1. All acts of the general assembly appropri- 
ating money shall state specifically the purposes for which such money is 
appropriated. 

Sec. 2. No president, superintendent, board of managers, directors, nor other 
executive head of any State institution, supported wholly or in part by the State, 



148 EDXJCATIOIT EEPOET, 1903. 

shall pnrcliase any real estate, or constract or enlarge any bttilding, or contract 
any debt on behalf of the State witbont positive and specific anthority given by 
the general assembly, except as hereinafter directed. 

Sec. 3. In cases of extreme emergency or dire necessity the executive head of 
any such institution shall, npon the recommendation of the governor and his 
council, have authority, upon the credit of the State, to make such expenditures 
as may be actually necessary to provide against any such emergency or necessity. 

Sec. 4. Whenever any money appropriated by the general assembly is expended 
contrary to the provisions of this act, the superintendent, members of the board 
of directors or managers or executive head directing, or consenting to, such 
expenditure shall be liable to the State thereof [therefor] , and it shall be the duty 
of the attorney-general to forthwith institute an action in the superior court of 
Wake County, in the name of the State, against such superintendent, executive 
head, members of the board of managers or directors, to recover the money so 
expended for the use of the State. (Ratified March 15, 1901.) 



NOETH DAKOTA. 

Constitution (1889), article 8: Sec. 147. A high degree of intelligence, patriot- 
ism, integrity, and morality on the part of every voter in a government by the 
people being necessary in order to insure the continuance of that government and 
the prosperity and happiness of the people, the legislative assembly shall make 
provision for the establishment and maintenance of a system of public schools 
which shall be open to all children of the State of North Dakota and free from 
sectarian control. This legislative requirement shall be irrevocable without the 
consent of the United States and the people of North Dakota. 

Sec. 148. The legislative assembly shall provide, at its first session after the 
adoption of this constitution, for a uniform system of free public schools through- 
out the State, beginning with the primary and extending through all grades up 
to and including the normal and collegiate course. 

Sec. 149. In all schools instruction shall be given, as far as practicable, in those 
branches of knowledge that tend to impress upon the mind the vital importance 
of truthfulness, temperance, purity, public spirit, and respect for honest labor of 
every kind. 

Sec. 151. The legislative assembly shall take stich other steps as may be neces- 
sary to prevent illiteracy, secure a reasonable degree of uniformity in course of 
study, and to promote industrial, scientific, and agricultural improvements. 

Sec. 153. All colleges, universities, and other educational institutions for the 
supportof which lands have been granted to this State, or which are supported 
by a public tax, shall remain under the absolute and exclusive control of the 
State. No money raised for the support of the public schools of the State shall 
be appropriated to or used for the support of any sectarian school. 

Article 9: Sec. 159. All land, money, or other property donated, granted, or 
received from the United States or any other source for * * * agricultural 
college, * * * and the proceeds of all such lands and other property so 
received from any source, shall be and remain perpetual funds, the interest and 
income of which, together with the rents of all such lands as may remain unsold, 
shall be inviolably appropriated and applied to the specific objects of the original 
grants or gifts. The principal of every such fund may be increased, but shall 
never be diminished, and the interest and income only shall be used. Every such 
fund shall be deemed a trast fund held by the State, and the State shall make 
good all losses thereof. 

Sec. 162. The moneys of the permanent school fund and other educational 
funds shall be invested only in bonds of school corporations within the State, 
bonds of the United States, bonds of the State of North Dakota, or in first mort- 
gages on farm lands in the State, not exceeding in amount one-third of the actual 
value of any subdivision on which the same may be loaned, such value to be 
determined by the board of appraisers of school lands. 

Laws, 1890, chapter 160: Section 1. There is hereby established and locE^ed at 
Fargo, Cass County, N. Dak., an agricultural college, which shall be known by 
the name of the North Dakota Agricultural College. 

Sec. 2. The government and management of the North Dakota Agricultural 
College is hereby invested in a board of directors to be known as the Agricultural 
College Board of Directors. 

Sec. 3 [as amended by Laws, 1891, chap. 5, sec. 1]. The board of directors shall 
consist of seven members. The first board shall be appointed as hereinafter pro- 
vided, and their term of oftice shall expire when their successors have been appointed 
and qualified, during the session of the legislative assembly in 1891. During the 



LAWS EELATING TO LAND-GEANT COLLEGES. 149 

session of the legislative assembly in the year 1891, and before the third Monday 
in February of said year, the governor shall nominate and, by and with the consent 
and advice of the senate, appoint a full board of directors, three of whom shall be 
appointed for the term of two years and four of whom shall be appointed for the 
term of fotir years. Thereafter and at each biennial session of the legislative assem- 
bly, and on or before the third Monday in February during each session, there shall 
be nominated by the governor and, by and with the advice and consent of the sen- 
ate, appointed for the term of four years directors to fill vacancies occurring by 
the expiration of the term of office of those previously appointed. The governor 
shall have power to fill all vacancies in said board which occur when the legisla- 
tive assembly is not in session, and the members of said board shall hold their 
office until their successors are appointed and qualified as pro^dded by this act: 
Provided further, That in all cases where the governor has made an appoint- 
ment to fill a vacancy when the legislative assembly is not in session, the term 
of office of the director or directors so appointed shall expire at the next session of 
the legislative assembly. 

Sec. 4. The governor shall cause to be issued to each of said directors a commis- 
sion, which shall be under the seal of the State. At the first meeting of said board 
the members thereof shall take and subscribe the oath of office required of all civil 
officers of the State, and shall then proceed to elect a president, secretary, and 
treasurer, but the treasurer shall not be a member of the board of directors. A 
majority of said board shall be a quorum for the transaction of business. The 
board shall require a bond of its treasurer and fix the amount thereof. 

Sec. 5 [as amended by Laws, 1901, chap. 5, sec. 2]. The board of directors shall 
hold its meetings at the city of Fargo and fix the time of holding the same, pro- 
viding there [these] shall not exceed six regular meetings in each year. The 
members of the board shall receive as compensation for their services $3 per day 
for each day employed and 5 cents per mile for each mile actually and necessarily 
traveled in attending meetings of said board, which sum shall be paid out of the 
State treasury upon vouchers of said board duly certified by the president and 
secretary thereof: Provided, hoivever, That the president of said board shall have 
power to call special meetings whenever in his judgment it becomes necessary. 

Sec. 6. The said board of directors shall direct the disposition of all moneys 
appropriated by the legislative assembly of the State of North Dakota, or by the 
Congress of the United States, or that may be derived from the sale of the lands 
donated by Congress to said State for said college, or that may be donated to or 
come from any source to said State for the agricultural college or experiment sta- 
tion for North Dakota, subject to all restrictions imposed upon such respective 
funds, either by the constitution or laws of the State of North Dakota or the terms 
of such grants from Congress, and shall have supervision and charge of the con- 
struction of all buildings provided for or authorized by law for said college and 
station. The board of directors shall have power to employ a president and nec- 
essary teachers, instructors, and assistants to conduct said school and carry on the 
experiment station connected therewith, and to appoint one of its members super- 
intendent of construction of all buildings, who shall receive $3 per day for each 
day actiially and necessarily engaged in the discharge of his dvities, not to exceed 
fifty days in any one year, which sum shall be paid out of the State treasury upon 
the vouchers of the said board. 

Sec. 7. The said board shall audit all accounts against the funds appropriated 
by the legislative assembly of the State of North Dakota or held by the State for 
the iise of the agricultural college and experiment station, and the State auditor 
shall issue his warrant upon the State treasurer for the amount of all accounts 
which shall have been so audited and allowed by the board of directors and 
attested by the president and secretary of the same. 

Sec. 8. The design of the institution is to afford practical instruction in agricul- 
ture and the natural sciences connected therewith, and also the sciences v>rhich 
bear directly upon all indiTstrial arts and pursuits. The course of instruction 
shall embrace the English language and literature, mathematics, military tactics, 
civil engineering, agricultural chemistry, animal and vegetable anatomy and 
physiology, the veterinary art, entomology, geology, and such other natural sci- 
ences as may be prescribed, political a;nd rural and household economy, horticul- 
ture, moral philosophy, history, bookkeeping, and especially the application of 
science and the mechanic arts to practical agriculture in the field. A full course 
of study in the institution shall embrace not less than four years, and the college 
year shall consist of not less than nine calendar months, which may be divided 
into terms by the board of directors as in their judgment will best secure the 
objects for which the college was founded. 

Sec. 9. The board of directors shall fix the salaries of the president, teachers, 



150 EDUCATION EEPOET, 1903. 

instructors, and other employees, and prescribe their respective duties. They shall 
also fix the rate of wages to be allowed to students for labor on the farm and 
experiment station or in the shops or kitchen of the college. The board may 
remove the president or subordinate officers and supply all vacancies. 

Sec. 10. The faculty shall consist of the president, teachers, and instructors, and 
shall pass all needful rules and regulations for the government and discipline of 
the college, regulating the routine of labor, study, meals, and the duties and exer- 
cises, and all such rules and regulations as are necessary to the preservation of 
morals, decorum, and health. 

Sec. 11. The president shall be the chief executive officer of the agricultural 
college, and it shall be his duty to see that all rules and regulations are executed, 
and the subordinate officers and employees not members of the faculty shall be 
under his direction and supervision. 

Sec. 13. The faculty shall make an annual report to the board of directors on 
or before the first Monday in November of each year, showing the condition of 
the school, experiment station, and farm, and the results of farm experiments, and 
containing such recommendations as the welfare of the institution in their opinion 
demands. 

Sec. 13. The board of directors shall, annually, on or before the 1st day of Feb- 
ruary in each year make to the governor a full and detailed report of the opera- 
tions of the experimental station hereby established, including a statement of the 
receipts and expenditures, a copy of which report shall be sent by the governor to 
the Commissioner of Agriculttire and the Secretary of the Treasury of the United 
States, and said board of directors shall also make a report to the governor on or 
before the first Monday in December next preceding each biennial session of the 
legislative assembly, containing a financial statement showing the condition of 
all funds appropriated for the use of the agricultural college and experiment sta- 
tion; also the moneys expended and the purposes for which the same were expended 
in detail; also the condition of the institution and the results of all the experiments 
carried on there. 

Sec. 14. The board of directors and the faculty shall have power to confer 
degrees upon all persons who shall have completed the course of study prescribed 
for said school by the board and faculty, and who shall have passed a satisfactory 
examination upon the studies contained in said course, and who shall be known 
to possess a good moral character. 

Sec. 15. The board of directors, as appointed by the governor and confirmed by 
the senate, shall constitute and be known as the directors provided for in this act. 

Sec. 16. There is hereby established an agricultural experiment station in con- 
nection with the North Dakota Agricultural College, and under the direction of 
the board of directors of said college, for the purpose of conducting experiments 
in agriculture, according to the terms of section 1 of an act of Congress approved 
March 2, 1887.' * * * 

Sec. 17. The assent of the legislative assembly of North Dakota is hereby given, 
in pursuance of the requirements of section 9 of said act of Congress approved 
March 2, 1887, to the grant of money therein made, and to the establishing of an 
experiment station in accordance with section 1 of said last-mentioned act, and 
assent is hereby given to carry out all and singular the provisions of said act. 

Sec. 18. The grant of lands accruing to the State of North Dakota under and 
by virtue of an act of Congress donating public lands for the use and support of 
agricultural colleges in certain proposed States, approved February 22, 1889, is 
hereby accepted, with all the conditions and provisions in said act contained, and 
said lands are hereby set apart for the use and support of the college herein pro- 
vided for. 

Sec. 19. There shall be no expense incurred or per diem and mileage paid to any 
officer of the board contemplated under the provisions of this act until an appro- 
priation shall have been made for the erection of any building or buildings for the 
agricultural college or experiment station. (Approved March 8, 1890.) 

Laws, 1891, chapter 6: Section 1. Consent having been given by the Congress 
of the United States by act approved September 4, 1890, to the appropriation by 
the State of section 36 in township 140 of range 49 west, situated in the county 
of Cass, being a portion of the lands granted to said State for the purpose of com- 
mon schools, for the use of the State agricultural college as a site for that insti- 
tution, said section 36 is hereby designated and appropriated for the use of such 
agricultural college for a site and for the purpose of an experiment station; and 
all moneys hereafter appropriated for the erection of buildings and improvements 
for such college shall be expended in the erection of such buildings and improve- 
ments on such section. 



LAWS EELATING TO LAl^D-GKANT COLLEGES. 151 

Sec. 3. Tlie appropriation hereby made is subject to all leases of said land by 
the State now in force. (Approved January 16, 1891.) 

Laws, 1891, chapter 7: Section 1. The grants of moneys authorized by the act 
of Congress approved August 30, 1890, being made subject to the legislative assent 
of the several States and Territories to the purpose of said grants, the assent of 
the State of North Dakota is hereby given to the purpose of said grants, and the 
conditions of the above specified act of Congress are hereby accepted by the State 
of North Dakota. 

Sec. 2. In accordance with the provisions of said act of Congress approved 
August 30, 1890, the North Dakota Agricultural College is hereby designated as 
the beneficiary under the provisions of said act. 

Sec. 3. The treasurer of the North Dakota Agricultural College, elected in 
accordance with the provisions of section 4 of the act of the legislative assembly 
of the State of North Dakota approved March 8, 1890, is hereby designated as the 
officer to receive the sums of money appropriated to the State of North Dakota 
for the further endowment and support of colleges as provided by the said act of 
Congress approved Augiist 30, 1890, 

Sec. 4. The State treasurer shall immediately pay over to the treasurer of the 
North Dakota Agricultural College all sums of money received from the United 
States Secretary of the Treasury, pursuant to the provisions of the said act of 
Congress approved August 30, 1890. 

Sec. 5. Said treasurer of the North Dakota Agricultural College shall give a 
bond in the sum of $50,000, with not less than four approved sureties, said bond 
to receive the sanction and approval of the board of directors of said North 
Dakota Agricultural College and of the governor of the State of North Dakota. 
(Approved February 21, 1891.) 

Laws, 1891, chapter 13: [Appropriates $35,000 for the erection of buildings for, 
the agricultural college.] 

Laws, 1893, chapter 1: [Appropriates for agricultural college as follows: Dor- 
mitory, $17,000; furnishing dormitory, $3,000; farmhouse and barn, $13,000; shop 
for mechanical department, $9,000; completion of main building, $3,000; inci- 
dentals, $10,000.] 

Laws, 1893, chapter 126: Section 1. The governing or managing boards of all 
educational institutions in the State of North Dakota shall be designated as trus- 
tees of the respective institutions for which they are appointed. 

Sec. 2. The president, principal, or chief executive officer of each of these insti- 
tutions shall be ex-ofiicio a member of the board of trustees of the institution with 
which he is connected, but shall have no vote as a member of such board. 
(Approved March 6, 1893.) 

Laws, 1895, chapter 2: [Appropriates for the erection of additional buildings 
for the North Dakota Agricultural College and Experiment Station, and for other 
purposes connected therewith, $11,350.] 

Laws, 1897, chapter 10: [Api>ropriates for agricultural college as follows: Fuel, 
$4,000; library, furniture, and fixtures, $300; printing and stationery, $600; instruc- 
tion in preparatory department, $3,000; engineer, watchman, and janitors, $3,000; 
librarian, $300; miscellaneous expenses, $12,000.] 

Laws, 1897, chapter 11: [Appropriates for agricultural college: Payment of 
debts, $5,000; wing for chemical laboratory, $5,000.] 

Laws. 1899, chapter 7: [Appropriates for agricultural college: Library, fiirni- 
ture and fixtures, $300: librarian, $600; printing and stationery, $800; engineer, 
watchman, and janitors, $3,500; preparatory instructor, $3,000; fuel, $4,500; 
enlarging mechanical biiilding, $2,000; miscellaneous expenses, $14,000.] 

Laws, 1901, chapter 18: [Appropriates $18,000 for current expenses of agricul- 
tural college.] 

Laws, 1901, chapter 127: Section 1. To provide for the erection and equipment 
of necessary additional buildings, for a system of sewerage, and for other neces- 
sary imijrovenients for the North Dakota Agricultural College at Fargo, the board 
of trustees of said agricultural college may issue bonds for such sum or sums of 
money as can actually be used in the construction and equipment of such neces- 
sary additional buildings, system of sewerage, and other necessary improvements, 
not exceeding the sum of $50,000; said bonds shall be in denominations of $1,000 
each, shall bear interest at a rate not exceeding 5 per cent per annum, and shall 
be payable in twenty years from the date of issue from the interest and income 
fund accumulating from the sale, rental, or lease of lands granted to the said 
North Dakota Agricultural College. The interest on such bonds shall be payable 
annually on the first day of January each year, and shall be payable from the 
interest and income accumulating from the sale, rental, or lease of said lands: 



152 EDUCATION EEPOET, 1903. 

Provided, That if at any time there shall not be sufficient money to pay such 
interest, there is hereby appropriated out of the State treasury, out of the funds 
not otherwise appropriated, a sum sufficient to meet such interest: Provided fur- 
ther, That a sufficient amount of funds accumulating in the interest and income 
fund from sale or rental of land or lands granted to the North Dakota Agricul- 
tural College shall be used and applied solely for the payment of interest on such 
bonds and for the creation of a sinking fund with which to pay such bonds on 
maturity. 

Sec. 2. Such bonds shall be executed under the seal of the board of trustees of 
the North Dakota Agricultural College, shall be attested by the president and sec- 
retary of said board of trustees, and when executed the said board of trustees shall 
receive sealed proposals for the purchase of the same, and shall give public notice 
of such sale for at least thirty days preceding such sale in two or more newspapers 
in general circulation, giving date of such sale, and such bonds shall be sold to the 
highest bidder for cash and the proceeds thereof delivered to the treasurer of the 
North Dakota Agriculttiral College, to be used exclusively in pursuance of the pro- 
visions of this act. 

Sec. 3. All moneys that may arise or be derived from the sale, rental, or lease 
of said lands granted to the North Dakota Agriculttiral College shall be deposited 
with the State treasurer, to be iised in pursuance with the provisions of this act 
for the benefit of the North Dakota Agricultural College. (Approved March 11, 
1901.) 

Laws, 1901, chapter 138: Section 1. All moneys received as interest for rents, 
penalties, permits, or from any other source than from the principal of sales of 
agricultural college lands * * * shall be paid over to the respective institution 
treasurers of the agricultural college, * * * tipon the warrant of the State 
auditor, on the 1st day of January, April, July, and October in each year. 

Sec. 3. The funds herein referred to shall be subject to the order of the respec- 
tive boards of trustees of each institution herein mentioned, and shall be used for 
the maintenance of such institutions. (Approved March 13, 1901.) 

Laws, 1901, chapter 156: Section 1. For the purpose of providing for the main- 
tenance of the State university and school of mines at Grand Forks, the agricul- 
tural college at Fargo, the State normal school at Valley City, the State normal 
school at Mayville, and the deaf and diimb asylum at Devils Lake, and the school 
of forestry, as a part of the public school system of this State, there is hereby 
levied upon all taxable property in the State, real and personal, an annual tax of 
1 mill on each dollar of the assessed valuation of such property in each and every 
year hereafter. 

Sec. 2. The county auditor of each county shall, at the time of making the 
annual tax list in his county, calculate the amount of the levy hereinbefore pro- 
vided for upon each and every item of property assessed in his county, as it appears 
upon the last assessment roll, and extend the same upon such tax list in a column 
to be provided for that purpose, and such tax shall thereupon be collected and paid 
over to the State treasurer the same as other State taxes. 

Sec. 3. Such taxes so levied shall be apportioned by the State treasurer to the 
several institutions herein mentioned as follows: Forty one-hundredths of a mill 
to the State university and school of mines at Grand Forks; twenty one-hundredths 
of a mill to the agricultural college at Fargo; twelve one-hundredths of a mill to 
the State normal school at Valley City; twelve one-hundredths of a mill to the 
State normal school at Mayville; thirteen one-hundredths of a mill to the deaf and 
dumb asylum at Devils Lake; three one-hundredths of a mill to the school of for- 
estry at Bottineau. 

Sec. 4. The moneys arising from the taxes hereinbefore levied are hereby appro- 
priated for the maintenance of the [institutions mentioned in sec. 3] , the same to 
be paid monthly to the board of trustees of the several institutions herein men- 
tioned, and in proportion as herein provided, upon vouchers of said board, signed 
by their respective presidents, and to be expended by the several boards, in their 
discretion, in the establishment and maintenance of said institutions hereinbefore 
mentioned. (Approved March 6, 1901.) 

Laws, 1901, chapter 98: Section 1. The State University and School of Mines 
at Grand Forks, the agricultural college at Fargo, the State normal schools at 
Valley City and Mayville, the deaf and dumb asylum at Devils Lake, the indus- 
trial school and school of manual training at Ellendale, a scientific school at Wah- 
peton, the school of forestry of Bottineau, and all other schools heretofore estab- 
lished by law and maintained by taxation constitute the system of free public 
schools of the State. (Approved March 12, 1901.) 

Laws, 1901, chapter 136: Section 1. The board of university and school lands 



LAWS EELATING TO LAND-GEANT COLLEGES. 153 

shall, during the year 1901, appraise, advertise, and sell public lands, or as much 
thereof as can be sold at or above the minimum price of $10 per acre, as follows: 
* * * 20,000 acres of the agricultural college lands. * * * 

Sec. 3. The proceeds of the sale of the agricultural college lands * * * 
shall remain a perpetual fund, the revenue of which shall be applied toward the 
maintenance or the liquidation of the indebtedness of the respective institutions. 
Each institution shall be credited for the proceeds of the sale of its lands and shall 
receive the revenues accruing thereon. (Approved March 11, 1901.) 

Laws, 1901, chapter 172; Section 1. There is hereby established a State farm- 
ers' institute board of directors, composed of the president of the board of trus- 
tees of the North Dakota Agricultural College, the commissioner of agrictilture 
and labor, the director of the experiment station, the professor of agriculture and 
the professor of dairying of the North Dakota Agricultural College. 

Sec. 2. The State farmers' institute board of directors shall have power to 
organize by electing one of its members to act as president and one to act as sec- 
retary, and shall have power, and it is hereby made its duty, to employ a director 
of farmers' institutes and such other institute lecturers as may be deemed neces- 
sary;- to authorize the holding of not less than 15 farmers' institutes each year, 
the same to be of such a nature as to instruct the farmers of the State in main- 
taining the fertility of the soil, the improvement of cereal crops grown in the 
State, principles of breeding as applied to domestic animals, the making and 
handling of dairy products, the destruction of noxioiis weeds and injurious 
insects, forestry and growing of fruits, feeding and management of live stock, 
and, in general, such instruction as will tend to promote the prosperity, home life, 
and comfort of the farming population. 

To determine the location of all institutes; but in determining such location 
those places where county or township agricultural societies are maintained shall 
have the preference. 

Sec. 3. No member of this board shall receive any compensation for his serv- 
ices, but shall be allowed his actual and necessary traveling expenses when engaged 
upon business connected with the proper discharge of his duties under this act. 

Sec. 4. There is hereby appropriated, out of any money in the State treasury 
not otherwise appropriated, the sum of $3,000 biennially for carrying out the pur- 
poses of this act. All charges, accounts, and expenses authorized by this act shall 
be paid by the treasurer of the State upon the approval of the State board of audit 
when certified by the president and secretary of the board of directors. (Approved 
March 12, 1901.) 



OHIO. 



Constitution (1851), Article VI: Section 1. The principal of all funds arising 
from the sale or other disposition of lands or other property granted or intrusted 
to this State for educational and religious purposes shall forever be preserved 
inviolate and undiminished, and the income arising therefrom shall be faithfully 
applied to the specific objects of the original grants or appropriations. 

[The following matter is taken from Tlie Annotated Revised Statutes of the State of Ohio, 
including all Laws of a General Nature in Force January 1, 1902, by Clement Bates, third edition, 
3 vols. Cincinnati, Ohio, 1900.] 

Sec. 3107-85. The assent of said State is hereby signiiied to the aforesaid act of 
Congress [of July 2, 1862] , and to all the conditions and provisions therein con- 
tained, and the faith of the State of Ohio is hereby pledged to the performance of 
all such conditions and provisions. (February 9, 1864.) 

Sec. 3107-86. The auditor, treasurer, and secretary of state are hereby author- 
ized and directed to advertise, as often as they may deem the same advisable, and 
in such form as to them may seem proper and necessary to the prompt disposition 
of the land scrip received from the United States for the establishment of an 
agricultural and mechanical college or colleges in the State of Ohio, for proposals 
for the purchase of the same in quantities not less than 160 acres, such proposals 
for purchase to be made either to said auditor, treasurer, and secretary of state, 
or to the auditor and treasurer of any county of the State, subject to the limita- 
tions and restrictions from time to time fixed by said auditor, treasurer, and sec- 
retary of state not inconsistent with this act. (April 13, 1865, as amended April 
5, 1866.) 

Sec. 3107-87. Said auditor, treasurer, and secretary of state are hereby author- 
ized to sell or cause to be sold said land scrip at the best price they can obtain for 



154 EDUCATION EEPORT, 1903. 

the same, and to employ a suitable person or persons to aid them in making siich 
sales, and to pay to such persons such commissions on sales made by them as they 
may deem adequate to secure prompt and vigorous efforts to effect sales. And 
they are further authorized to accept propositions for the purchase of said scrip 
in quantities not less than 50,000 acres of land, on terms of payment of not less 
than one-fourth in hand and the remainder in payments not more extended than 
one-fourth in two years, one-fourth in four years, and the remaining one-fourth 
in six years; or in quantities of not less than 10,000 acres of land on the following 
terms of payment: Not less than one-fourth in hand and the remainder in pay- 
ments not more extended than one-fourth in one year, one-fourth in two years, 
and the remaining one-fourth in three years, with interest on the deferred pay- 
ments from the date of purchase; and the deferred payments to be secured by 
mortgage upon real estate situate within the State of Ohio, or deposit of the bonds 
of this State or of the Government of the United States: Provided, also, That all 
contracts to pay commissions on sales or for the sale of scrip on time shall be 
approved by the governor, in writing, before the same shall be valid and binding 
on the State. (April 13, 1865, as amended April 5, 1866.) 

Sec. 3107-88. Upon the acceptance of proposals and payment thereon the party 
entitled thereto shall receive from said officers the amount of scrip so purchased, 
with a certificate that he has duly purchased and paid for the same; and on pres- 
entation of the same to the governor he shall execute the necessary transfer of 
the scrip, in accordance with the regulations provided by the General Land Office 
therefor. (April 13, 1865.) 

Sec. 3107-89. The auditor and treasurer of each county in the State shall jointly 
receive for such service as they may perform under this act, in accordance with 
their instructions from the auditor, treasurer, and secretary of state, a sum equal 
to 5 per cent on all moneys received and paid over by them upon the first 320 acres 
of scrip sold, 3 per cent on all moneys so received and paid over on the next 320 
acres sold, and 1 per cent on all receipts for sales after 640 acres have been sold; 
and it is hereby made the duty of the auditor and treasiirer of each county in the 
State to perform such services as may be required of them by the auditor, treas- 
urer, and secretary of state under this act; and the aforesaid county ofiicers shall 
be paid by the auditor of state out of the money hereinafter appropriated for such 
purpose. (April 13, 1865.) 

Sec. 3107-90. Said auditor, treasurer, and secretary of state shall annually, on 
the first Monday of December, make the governor a full and explicit report of all 
their proceedings and of the proceedings of county auditors and treasurers under 
this act, which report the governor shall communicate to the general assembly at 
the next ensuing session thereof. (April 13, 1865, as amended April 5, 1866.) 

Sec. 3107-91. All money received from the sale of land scrip shall be paid into 
the State treasury, and shall be appropriated and used by the commissioners of 
the sinking fund for the reduction and payment of the other public debt of the 
State. (April 13, 1865.) 

Sec. 3107-92. Upon the amount of money so received for the sale of scrip appro- 
priated for and to be used in the reduction of the other public debt of the State, 
as aforesaid, there shall be allowed, and paid semiannually, on the 1st days of 
July and January in each year, interest at the rate of 6 per cent per annum, 
which shall be appropriated, as provided in the act of Congress approved July 2, 
1863, "to the endowment, support, and maintenance of at least one college, where 
the leading object shall be — without excluding other scientific and classical studies 
and including military tactics — to teach such branches of learning as are related 
to agriculture and the mechanic arts;" and for the prompt and regular payment 
of said interest, the preservation and appropriation of said fund, and the strict 
observance and fulfillment of the act of Congress before referred to the faith of 
the State is irrevocably pledged. (April 13, 1865.) 

Sec. 3107-93. The commissioners of the sinking fund are hereby authorized and 
empowered, as fast as the sinking fund will enable them to do so, to reduce the 
debt called the "agricultural fund" by the purchase of stocks of the United 
States or of this State yielding not less than 6 per cent upon the par value of said 
stocks, which stocks when so purchased shall be transferred to the "State of 
Ohio in trust for the agricultural college," and shall be deposited with the treas- 
urer of state, and when so ptirchased, transferred, and deposited shall, to the 
extent of the amount paid for such stocks, reduce the debt hereby created and 
denominated the "agricultural fund." (April 13, 1865.) 

Sec. 3951 [as amended May 8, 1902]. For the purpose of affording the advan- 
tages of a free education to all the youth of the State there shall be levied annu- 
ally a tax on the grand list of the taxable property of the State, which shall be . 
collected in the same manner as other State taxes, and the proceeds of which 



LAWS EELATING TO LAND-GEANT COLLEGES. 155 

shall constitute "the State common school fund," and for the purpose of higher, 
agricultural and industrial education, including manual training, there shall be 
levied and collected in the same manner a tax on the grand list of taxable property 
of the State, which shall constitute " the Ohio State University fund." The rate 
for such levy in each case shall be designated by the general assembly at least once 
in tvi^o years; and if the general assembly shall fail to designate the rate for any 
year, the same shall be for " the State common school fund " ninety-five one-hun- 
dredths of 1 mill each year for the years 1903 and 1903 and 1 mill each year there- 
after; for the " Ohio State University fund," fifteen one-hundredths of 1 mill upon 
each dollar of valuation of such taxable property each year for the years 1903 
and 1903 and ten one-hundredths of 1 mill each year thereafter. 

Sec. 4105-9. A college, to be styled the "Ohio Agricultural and Mechanical Col- 
lege," is hereby established in this State in accordance with the provisions of an 
act of Congress of the United States passed July 3, 1863, * * * and said col- 
lege to be located and controlled as hereinafter provided. The leading object 
shall be, vnthout excluding other scientific and classical studies and including 
military tactics, to teach such branches of learning as are related to agricultural 
and mechanic arts. (March 33, 1870.) 

Sec. 4105-10. The trustees and their successors in office shall be styled the 
"board of trustees of the Ohio Agricultural and Mechanical College," with the 
right as such of suing and being sued, of contracting and being contracted with, 
of making and using a common seal, and altering the same at pleasure. (March 
33,1870.) 

Sec. 4105-11. The board of trustees shall have power to adopt by-laws, rules, and 
regulations for the government of said college, to elect a president, to determine 
the number of professors and tutors, elect the same, and fix their salaries. They 
shall also have power to remove the president or any professor or tutor whenever 
the interests of the college, in their judgment, shall require, to fir and regulate 
the course of instruction, and to prescribe the extent and character of experiments 
to be made. (March 33, 1870.) 

Sec. 4105-13. The college shall be open to all persons over 14 years of age, sub- 
ject to such rtiles and regulations and limitations, as to numbers from the several 
counties of the State, as may be prescribed by the board of trustees: Provided, 
That each county shall be entitled to its just proportion according to its popula- 
tion. The board may provide for courses of lectures either at the seat of the col- 
lege or elsewhere in the State, which shall be free to all. (March 33, 1870.) 

Sec. 4105-13. The board of trustees shall have the general supervision of all 
lands, buildings, and other property belonging to said college, and the control of 
all expenses therefor: Provided always, That said board shall not 'contract any 
debt not previously authorized by the general assembly of the State of Ohio. 
(March 33, 1870.) 

Sec. 4105-14. The board of trustees shall annually elect one of their number 
chairman, and in the absence of the chairman shall elect one of their number 
temporary chairman, and shall have power to appoint a secretary, treasurer, and 
librarian, and such other officers as the interests of the college may require, who 
may or may not be members of the board, and shall hold their offices for such 
term as said board shall fix, subject to removal by said board, and shall receive 
such compensation as the board shall prescribe. The treasurer shall, before enter- 
ing upon the duties of his office, give bond to the State of Ohio in such sum as the 
board may determine, which bond shall not be for a less sum than the probable 
amount that will be under his control in any one year, conditioned for the faithful 
discharge of his duties and the payment of all moneys coming into his hands, said 
bond to be approved by the attorney-general of the State. (March 33, 1870.) 

Sec. 4105-15. The board of trustees shall have power to receive and hold in trust, 
for the use and benefit of the college, any grant or devise of land, and any dona- 
tion or bequest of money or other personal property, to be applied to the general 
or special use of the college. All donations or bequests of money shall be paid to 
the State treasurer and invested in the same manner as the endowment fund of 
the college, unless otherwise directed in the donation or bequest. (March 33, 
1870.) 

Sec. 4105-16. The title for all lands for the use of said college shall be made 
in fee simple to the State of Ohio, with covenants of seizin and warranty, and no 
title shall be taken to the State for the purposes aforesaid until the attorney- 
general shall be satisfied that the same is free from all defects and incumbrances. 
(March 38, 1870.) 

Sec. 4105-17. The attorney-general shall be the legal adviser of said board of 
trustees, and he shall institute and prosecute all suits in behalf of the same, and 



156 EDUCATIOlsr EEPOET, 1903. 

sliall receive the same compensation therefor as he is entitled to by law for suits 
brought in behalf of the asylums of the State. (March 22, 1870.) 

Sec, 4105-18, It shall be the duty of the board of trustees to permanently locate 
said agricultural and mechanical college upon lands, not less than 100 acres, which 
in their judgment is best suited to the wants and purposes of said institution, the 
same being reasonably central in the State and accessible by railroad from differ- 
ent parts thereof, having regard to healthiness of location, and also regarding the 
best interests of the college in the receipt of moneys, lands, or other property 
donated to said college by any county, town, or individual, in consideration of the 
location of said college at a given place: Provided, It shall require a three-fifths 
vote of the trustees to make said location: And provided further, That said loca- 
tion shall be made on or before October 15, 1870: Provided further , That any per- 
son acting as a trustee, who shall accept or receive, directly or indirectly, any 
sum or amount from any person or persons, to use their influence in favor of the 
location of said college at any particular point or place, shall be held to be guilty 
of a misdemeanor, and on conviction thereof by any court of competent jurisdic- 
tion shall be fined in any sum not less than $1,000 nor more than $10,000: Pro- 
vided further. That in the location of said college the said trustees shall not in 
any event incur any debt or obligation exceeding $40,000; and if in their opinion 
the interests of the college can not be best promoted without a larger expenditure 
for the location than that sum, then they may delay the permanent location of the 
same until the third Monday of January, 1871, and report their proceedings and 
conclusions to the general assembly: Provided further , That said college shall not 
be located until there are secured thereto for such location donations in money, 
or unincumbered lands, at their cash valuation, whereon the college is to be 
located, or in both money and such lands, a sum equal to at least $100,000. (March 
22, 1870.) 

Sec. 4105-19. The unsurveyed and unsold lands ceded to the State of Ohio by a 
certain act of Congress of the United States, approved February 18, 1871, situate 
and being in the Virginia military district, between the Great Sciota and the Little 
Miami rivers, in said State, be, and the same are hereby, accepted by the State of 
Ohio, subject to the provisions of said act. (April 3, 1873.) 

Sec. 4105-20. The trustees of the Ohio Agricultural and Mechanical College are 
hereby authorized to demand from all persons who have destroyed or converted 
any timber grov/ing upon the lands ceded to the State of Ohio, as stated in the act 
to which this is supplementary, since the date of said act of Congress ceding said 
lands to the State of Ohio , full compensation for the timber so destroyed or converted 
and for all damages, and if payment shall be refused, to institute proper proceed- 
ings in the name of said Ohio Agricultural and Mechanical College, in any court 
of competent jurisdiction, to recover the same with damages and costs of suit: 
Provided, That the provisions of this section shall not apply to timber taken from 
the 160 acres by any person who shall obtain the title to the same under section 3 
[sec. 4105-21] of this act. (April 3, 1873.) 

Sec. 4105-21. The title of said lands is hereby vested in the trustees of the Ohio 
■ Agricultural and Mechanical College for the benefit of said college; and said trus- 
tees are hereby required to cause a complete survey of said lands to be immediately 
made and a correct plat thereof to be returned to said trustees, and to ascertain 
and set off, in reasonably compact form, by accurate boundaries to each occupant 
who was in actual possession of and living upon any of said lands at the time of 
the passage of said act of Congress, as provided therein, or their heirs and assigns, 
a tract not exceeding 40 acres; and upon the payment by the claimant of the cost 
of surveying and making the deed the said trustees shall make and deliver to said 
claimant a deed for said tract; and if any such occupant shall have been in such 
actual possession of more than 40 acres and is desirous of holding the same he 
shall bo entitled to have in addition to said 40 acres any number of acres not exceed- 
ing with said 40 acres the number of 160 acres, to be in reasonably compact form, 
by paying for the said excess over 40 acres the sum of $1 per acre; and if any claim- 
ant under the provisions of this act shall desire to purchase any tract of land 
adjoining said 40 acres, not exceeding, including said 40 acres, the amount of 160 
acres, of which said claimant shall have been in actual possession, but does not 
desire to purchase the same at $1 per acre, said trustees, upon notice by said claim- 
ant, shall cause said tract or part of tract to be sold separate from other tracts of 
land, at a valuation fixed upon by the appraisers named in this act, payable one- 
third at the date of the survey and the residue in two equal annual installments, 
with interest at 6 per cent, payable annually, and upon full payment being made, 
with the cost of survey and conveyance, said trtistees shall make and deliver to 
such claimant, his or her heirs or assigns, a deed for said excess over 40 acres: 
Provided, That any person claiming the benefit of the provisions of this section as 



LAWS RELATING TO LAND-GRANT COLLEGES. 157 

occupant shall comply in all respects with and be subject to the provisions of the 
thirteenth section of the act of Congress approved September 4, 1841, entitled "An 
act to appropriate the proceeds of the sales of the public lands and to grant pre- 
emption rights," and to the rules and regulations of the General Land OflSce of 
the United States relating to proof for the establishment of preemptor's claims: 
Provided, Jwwever, That the affidavit required by said thirteenth section of said act 
of Congress may be made before any justice of the peace or other officer authorized 
to administer oaths. (April 3, 1873.) 

[Sec. 4105-22 and sec. 4105-23 relate to the division and sale of the military 
lands.] 

Sec. 4105-24. The proceeds of the sales of such lands, or so much thereof as may 
be necessary, after the payment out of the same of all the necessary expenses of 
survey and sale, remaining uncertified into the treasury of said State, maybe used 
by said trustees in building and maintaining upon the lands of said university a 
suitable number of houses, adapted to use as family residences, for the use of 
members of the faculty of said university, for vfhich use a fair and reasonable 
rent shall be paid to said university. Said buildings shall be erected under the 
provisions of title 6 of the Revised Statutes of Ohio; and the said trustees shall 
annually report to the governor a detailed statement of receipts and disbursements 
in the execution of the trust under the provisions of this act. (April 8, 1873, as 
amended April 17, 1882.) 

Sec. 4105-26. The trustees of the Ohio State University be, and they are hereby, 
required to establish in said university a school of mines and mining engineering, 
in which shall be provided the means for studying scientifically and experimen- 
tally the survey, opening, ventilation, care, and working of mines; and said school 
shall be provided with a collection of drawings, illustrating the manner of open- 
ing, working, and ventilating mines, and with the necessary instruments for sur- 
veying, measuring air, examining and testing the noxious and poisonous gases of 
mines, and (also) with (the) models of the most improved machinery for ventilat- 
ing and operating (all the various kinds of) mines with safety to the lives and 
health of those engaged. Said school shall also be provided with complete mining 
laboratories for the analysis of coals, ores, fire clays, and other materials, and 
wdth all the necessary apparatus for testing the various coals, ores, fire clays, oils, 
gases, and other minerals. (May 7, 1877, as amended April 4, 1888.) 

Sec. 4105-27. Said trustees shall employ competent persons to give instruction 
in the most (improved and) successful methods of opening (and operating), sur- 
veying, and inspecting mines, including the methods and machinery employed 
for extracting coal, ore, fire clay, oil, gas, and other minerals from the pit's 
mouth and for facilitating the ascent and descent of workmen, the draining and 
freeing of mines from water, the causes of the vitiation of air, the quantities of 
fresh air required under various circumstances, natural ventilation, mechanical 
ventilation by flues and fans, and other ventilating machinery, the use of air 
engines, air compressors, and coal-cutting machinery; also instruction in the 
various uses of coals, ores, fire clays, oils, gases, and other minerals and the 
naethods of testing, analyzing, and assaying such minerals; also the methods 
employed in metallurgical and other processes in the reduction of ores and in 
determining the qualities of metals, particularly of iron and steel, as sliov/n by 
practical and laboratory tests; and there shall be kept in a cabinet properly 
arranged for ready reference and examination, suitably connected with said school 
of mines, (samples of the) specimens from the various mines in the State which 
ma;/ be sent for analysis, together with the names of the mines and their localities 
in the counties from which they were sent, and the analysis and a statement of 
their properties attached (it shall also be his duty to furnish analysis of all min- 
erals found in the State and sent to him for that purpose by residents of this 
State). (May 7, 1877, as amended April 4, 1888.) 

Sec. 4105-28. There is hereby appropriated out of the general revenue fund the 
sum of $3,500 to be expended in the equipment, support, and maintenance of said 
school of mines, as provided for in the first and second sections [sees. 4105-26 and 
4105-27] of this act. (May 7, 1877, as amended April 4, 1888.) 

Sec. 4105-29. The board of trustees of the Ohio State University are hereby 
authorized and empowered to appropriate annually for the period of ten years to 
the support and maintenance of the school of law of the Ohio State University out 
of the funds derived under section 3951 of the Revised Statutes of Ohio, amended 
March 20, 1891 (88 O. L., 159), a sum not exceeding $5,0C0 in fddit:on to the sum 
derived from the tuition fees of the students in said school of law. (April 24, 
1893.) 

Sec. 4105-30. The trustees of the Ohio State University be, and they are hereby, 
required to establish in said university a department of ceramics, equipped and 



158 EDUCATION EEPORT, 1903. 

designed for tli6 teclinical education of clay, cement, and glass workers in all 
branches of the art which exist in this State or which can be profitably introduced 
and maintained in this State from the mineral sources thereof, including the man- 
ufacture of earthenwares, stonewares, yellow wares, white wares, china, porce- 
lain, and ornamental pottery; also the manufacture of sewer pipe, fireproofing, 
terra cotta, sanitary clay wares, electric conduits and specialties, fire bricks, and 
all refractory materials, glazed and enameled bricks, pressed bricks, vitrified pav- 
ing material, as well as the most economic methods in the production of the coarser 
forms of biicks used for building purposes; also the manufacture of tiles used for 
paving, flooring, decorative wall paneling, roofing, and draining purposes; also 
the manufacture of cement, concrete, artificial stone, and all ld.nds of glass prod- 
ucts and all other clay industries represented in our limits. (April 20, 1894.) 

Sec. 4105-31. Said department shall offer special instruction to clay workers on 
the origin, composition, properties, and testing of clays, the selection of materials 
for different purposes, the mechanical and chemical preparation of clays, the laws 
of burning clays, the theory and practice of the formation of clay bodies, slips, 
and glazes, and the laws which control the formation and fusion of silicates. 
(April 20, 1894.) 

Sec. 4105-32. Said department shall be provided with an efficient laboratory 
designed especially for the practical instruction of clay workers in the lists of 
subjects enumerated in the second section [sec. 4105-31] of this act, and also 
equipped to investigate into the various troubles and defects incident to every 
form of clay working, which can not be understood or avoided except by use of 
such scientific investigation. Said laboratory shall be equipped with apparatus 
for chemical analysis, with furnaces and kilns for pyrometric and practical trials 
with such machinery for the grinding, washing, and preparation of clays for 
manufacture as is consistent with the character of the department. (April 20, 
1894.) 

Sec. 4105-33. Said trustees shall employ to conduct this department of ceramics a 
competent expert, who shall unite to the necessary education and scientific acquire- 
ments a thorough practical knowledge of clay working, and not less than two 
years' actual experience in some branch of the art. It shall be his duty to teach 
the theoretical part of the subject and to conduct the laboratory for the instruc- 
tion of students, and also to prosecute such scientific investigations into the tech- 
nology of the various clay industries as may be practicable, and from time to time 
to publish the results of his investigations in such form that they will be accessible 
to the clay workers of the State for the advancement of the art. (April 20, 1894.) 

Sec. 4105-34. There shall be hereafter appropriated out of the general revenues 
of the State the sum of $5,000, to be expended in the organization, equipment, and 
maintenance of said department [of ceramics] for the current year, and there 
shall be appropriated from the same fund the sum of $2,500 annually for two 
years for the salary, supplies, and all other expenses of maintenance of said depart- 
ment. (April 20, 1894.) 

Sec. 4105-35. It shall be the duty of the professor occupying the chair in the 
chemical and mechanical department of the Ohio Agricultural and Mechanical 
College, upon application, to make and give a written analysis of such artificial 
fertilizers as may be furnished to him for that purpose. (April 4, 1878.) 

Sec. 4105-30. The educational institution heretofore designated as the Ohio 
Agricultural and Mechanical College shall be known and designated hereafter as 
' ' The Ohio State University. ' ' ( May 1 , 1 878 . ) 

Sec. 4105-37. The government of said university shall be vested in a board of 
seven trustees, who shall be appointed by the governor of the State, with the 
advice and consent of the senate, but no trustee or his relation by blood or mar- 
riage shall be eligible to any professorship or position in the university, the com- 
pensation for which is payable out of the State treasury or said college fund. 
(May 1, 1878.) 

Sec. 4105-38. The members of said board of trustees and their successors shall 
hold their offices for the term of seven years each: Provided, That the trustees first 
appointed under the provisions of this act shall hold their terms for one, two, three, 
four, five, six, and seven years, respectively, to be fixed by the governor in their 
commissions. In case a vacancy shall occur from death or other cause the appoint- 
ment shall be for the unexpired term. The trustees shall not receive any compen- 
sation for their services, but they shall be paid their reasonable and necessary 
expenses while engaged in the discharge of their official duties. (May 1, 1878.) 

Sec. 4105-39. The board of trustees shall have power, and it is made their duty, 
to collect, or cause to be collected, specimens of the various cereals, fruits, and 
other vegetable products and to have experiments made in their reproduction upon 
the lands of the university and to make report of the same from year to year, 



LAWS RELATING TO LAND-GRANT COLLEGES. 159 

together with such, other facts as may tend to advance the interests of agriculture. 
(May 1, 1878.) 

Sec. 4105-40. The board of trustees shall have power, and it is hereby made their 
duty, to secure and keep in the said university a collection of specimens in min- 
eralogy, geology, zoology, botany, and other specimens pertaining to natural his- 
tory and the sciences, and it shall be the duty of the president of the university to 
collect and deposit in the said university, in such manner as shall be directed by 
the trustees, a full and complete set of specimens as collected by him and his assist- 
ants, together with a brief description of the character of the same and where 
obtained, and the said specimens shall be properly classified and kept for the benefit 
of said university. (May 1, 1878.) 

Sec. 4105-41. The first meeting of the members of the board shall be called by 
the governor, as soon after the appointment of said board as convenient, to be held 
at said university, in Columbus, Ohio. All succeeding meetings shall be called 
in such a manner and at such times as the board may prescribe. The said board 
shall meet at least three times annually, and at such other times as they may 
think necessary for the best interest of the said university. A majority of the 
board of trustees present at any meeting shall constitute a quorum to do business: 
Provided, A majority of all the board shall be required to elect or remove a presi- 
dent or professor. (May 1, 1878.) 

Sec. 4105-43. The board of trustees shall cause to be made on or before the 1st 
of October of each year a report to the governor of the condition of sa,id university; 
the amount of receipts and disbursements, and for what the disbursements were 
made; the number of prof essors, officers , teachers, and other employees, and the posi- 
tion and compensation of each; the number of students in the several departments 
and classes, and the course of instruction pursued in each; also an estimate of the 
expenses for the ensuing year; a statement showing the progress of the university, 
recording any improvements and experiments made, with their costs, and the 
results, and such other matters as may be supposed useful. Said annual report 
shall be for the year ending June 30, and the said Ohio State University is hereby 
exempted from the provisions of section 173, Revised Statutes of Ohio. There shall 
be printed * * * 5,000 copies of the said annual report, to be distributed by 
the trustees in such manner as they shall deem best for the interest of said uni- 
versity. The president of said university shall transmit by mail one copy to the 
Secretary of the Interior, one copy to the Secretary of Agriculture, and one copy 
to each of the colleges which are or may be endowed under the provisions of the 
act of Congress of July 3, 1863. (May 1, 1878, as amended April 35, 1893.) 

Sec. 4105-43. All funds derived from the sale of land scrip issued to the State of 
Ohio by the United States in pursuance of the aforesaid act of Congress, together 
with the interest accumulated thereon, shall constitute a part of the irreducible 
debt of this State, the interest upon which, as provided by the act of February 10, 
1870, shall be paid to the university by the auditor of State, upon the requisition 
of the commissioners of the sinking fund, issued on the certificate of the secretary 
of the board of trustees, that the same has been appropriated by said trustees to 
the endowment, support, and maintenance of the university, as provided in the 
act of Congress aforesaid. (May 1. 1878.) 

Sec. 4105-44. That said board of trustees shall fix the compensation for the 
president, professors, teachers, and all other employees of the university: Pi'ovided, 
That the compensation for the services of the professors shall not exceed $3,500 
each per annum. (May 1, 1878, as amended March 16, 1894.) 

Sec. 4105-45. It shall be the duty of the board of trustees, in connection with 
the faculty of the university, to provide for the teaching of such branches of 
learning as are related to agriculture and the mechanic arts, mines and naine 
engineering, and military tactics, and such other scientific and classic studies as 
the resources of the fund will permit. (May 1, 1878, as amended April 15, 1880.) 

Sec. 4105-46. The auditor of State be and is required to compute the interest 
which has accrued and will accrue on the agricultural college scrip fund since the 
same has been sold, to July 1, 1870, compounding the same by semiannual rests 
on the 1st day of January and the 1st day of July in each year; and on June 15, 
1870, to transfer the sum so arising to the said college fund, and invest the same in 
the interest-bearing bonds of the State, in the same manner as the principal of 
the said fund is now invested. (February 10, 1870.) 

Sec. 4105-47. That on July 1, 1870, and every six months thereafter the auditor 
of State shall invest the interest of said funds falling due in the same manner as 
the principal is now invested. (February 10, 1870.) 

Sec. 143. The professor of physics of the Ohio State University shall be ex-ofiicio 
State sealer, and the standards of weights and measures adopted by the State 
shall be deposited in a suitable room at the Ohio State University, and the same 



160 EDUCATIOIf EEPOET, 1903. 

shall be by him kept in suitable cases, which shall be opened only for the purpose 
of comparing with such standards the copies which by law are to be furnished for 
the use of the several counties, unless by a joint resolution of the general assembly, 
or upon a call of either house for information, or by order of the governor for 
scientific purposes. (March 17, 1891.) 

Sec. 409-15. There be, and hereby is, established at the State university, at Col- 
umbus, Ohio, a central office for the promotion of forestry, to be entitled the State 
forestry bureau, which shall consist of three members, to be appointed by the 
governor, as a board of directors. The members of the board of directors shall 
be commissioned by the governor, and be duly qualified as like officers of the State; 
one of three directors shall serve for six years, the second for four years, and the 
third for two years, and on the expiration of terms of service appointments shall 
be made for the term of six years. (April 16, 188.5.) 

Sec. 409-16. It shall be the duty of said State forestry bureau to thoroughly in- 
quire into the character and extent of the forests of the State; to investigate the 
causes which are in operation to produce th'eir waste or decay; to suggest what 
legislation, if any. may be necessary for the development of a' rational system of 
forestry, adapted to the wants and conditions of this State, and with the consent 
of the trustees of the Ohio State University the said directors may establish a 
forestry station on the grounds of said university. The directors shall select one 
of their number, or appoint a qualified person as secretary, to carry out the plans 
of the board, who shall receiA^e such compensation for his services as shall be 
agreed upon by the board: Provided, That all expenses incurred under this act 
shall not exceed the amount hereinafter provided. Said directors shall serve 
without compensation, but shall be allowed their necessary expenses incurred in 
discharge of the duties of their office. (April 16, 1885.) 

Sec. 409-17. This bureau shall annually make a report to the governor, which 
shall contain the results of the investigation, together with such other information 
as the board may deem necessary for the promotion of forestry in this State. Five 
thousand copies of this report are to be printed by the State, 2,000 of which shall 
be distributed by this bureau of forestry, and the remainder by the general assem- 
bly. (April 16, 1885.) 

Sec. 409-18. There is hereby appropriated for the ensuing year, for the main- 
tenance of said bureaiT, the sum of $1,000, or so much thereof as may be necessary 
for the purpose of meeting the actual expenses of carrying out the provisions of 
this act. (April 16,1885.) 

Laws, 1891, 369 Gr: Section 1. The assent of the State is hereby signified to the 
aforesaid act of Congress [of August 30, 1890] , and to all the purposes, conditions, 
and provisions therein contained, and the faith of the State of Ohio is hereby 
pledged to the performance of all such purposes, conditions, and provisions. 

Sec. 2. The treasurer of the Ohio State University is hereby designated to receive 
the moneys appropriated by said act of Congress. (May 4, 1891.) 

Laws, 1902, 373 G: Sectiois' 1. There is hereby appropriated frora any moneys 
raised or coming into the State treasury to the credit of the Ohio State University 
fund, not otherwise appropriated, for the last three quarters of the fiscal year 
ending November 15, 1902, and the first quarter of the fiscal year ending Novem- 
ber 15, 1903, the sum of $300,000, or so much as may come into the treasury to the 
credit of said fund; and for the last three quarters of the fiscal year ending 
November 15, 1903, and the first quarter of the fiscal year ending November 15, 
1904, the sum of $300,000, or so much as may come into the trensury to the credit 
of such fund, to be applied to the uses and purposes of the Ohio State University 
in accordance with the provisions of section 3951 of the Eevised Statutes of Ohio 
as amended May 8, 1902. (May 10. 1902.) 

I,aws, 1902, 376 G: Section 1. The board of trustees of the Ohio State Univer- 
sity, for the purpose of providing for the erection of needed buildings and improve- 
ments and the securing of needed equipment and for the payment of the costs, 
expenses and estimates thereof, as the work progresses, is hereby authorized to 
issue from tim.e to time certificates of indebtedness to an amount not exceeding in 
the aggregate $200,000 in anticipation of the annual levies authorized by section 
3951 of the Revised Statutes of Ohio as amended May 8, 1902. 

Sec. 2. The certificates of indebtedness herein authorized shall be signed by the 
president and secretary of said board of trustees and sealed with the seal of said 
university, shall bear such rate of interest, not exceeding 4 per cent per annum, 
payable semiannually, as said board of ti'ustees may determine and shall be pay- 
able by said board of trustees out of the revenues in anticipation of which they 
shall be issued as herein provided; and the moneys arising from the issue of such 
certificates shall be applied exchisively to the purposes for which such certificates 
shall be issued. Said certificates of indebtedness shall be sold by said board of 



LAWS RELATING TO LAND-GRANT COLLEGES. 161 

trustees at not less than their par value to the highest bidder, after notice of the 
sale thereof has been given in a newspaper of general circnlation published in the 
city of New York, and also in the cities of Columbus, Cincinnati, Cleveland, and 
Toledo; or may be issued to contractors for said buildings and improvements in 
payment of estimates for work and materials done or furnished by them. (May 
10, 1902.) 



OKLAHOMA.' 

[The following matter is taken from " The Statutes of Oklahoma, 18^. Being a compilation of 
all the laws now in force in the Territory of Oklahoma. Compiled under the direction and 
supervision of Robert Martin, secretary of the Territory, lay W. A. McCartney, John H. Beatty, 
and J. Malcolm Johnston, a committee elected by the legislative assembly." Gruthrie, Okla., 1893.] 

Chapter I: Section 1. The provisions of an act of Congress entitled "An act to 
establish agricultural experimental stations in connection with the colleges estab- 
lished in the several States under the provisions of an act approved July 2, 1862, 
and the acts supplementary thereto," approved March 2, 1887, are hereby accepted 
by the Territory of Oklahoma; and the Territory hereby agrees and obligates itself 
to comply with all the provisions of said act. 

Sec. 2. Upon the approval of this act by the governor, he is hereby instructed to 
transmit a certified copy of the same to the Secretary of State and the Secretary of 
the Interior of the United States. (October 27, 1890.) 

[Sections 3-2S comprise the provisions of an act of December 25, 1890, as amended March 13, 1893.] 

Sec. 3. An agricultural and mechanical college is hereby located in Payne 
County. It shall be the duty of the governor to appoint three competent citizens 
of said Territory as a board, whose duty it shall be to locate such institution at 
some point in Payne County and report their actions and doings to the governor 
relative thereto within ninety days after their appointment. 

Sec. 4. The institution shall be known as the Oklahoma Agricultural and 
Mechanical College, and shall be an institution corporate under the laws of Okla- 
homa; and the government and management thereof is hereby vested in a board 
of regents to be known as the "agricultural and mechanical college board of 
regents." 

Sec. 5. The leading object of said college shall be to give instruction in agricul- 
ture, the mechanical arts, the English language, and the various branches of 
mathematical, physical, natural, and economic sciences, with special reference to 
their application in the industries of life; and to that end there shall be established 
a sufficient number of professorships for teaching the above branches, including 
military tactics, and such arts and sciences as are related thereto; which prof ess- 
or ships shall be filled by able and efficient persons, aided by such assistants and 
instructors as shall from time to time be necessary. 

Sec. 6. Such institution shall not be located by said commissioners upon less 
than 80 acres of land, suitable and fit for use as an agricultural experimental sta- 
tion, which land shall be conveyed to such institution for the use and benefit 
thereof by good and sufficient title thereto. The said, board, of commissioners to 
locate said site shall receive as compensation for their services $4 per day each 
for the time actually and necessarily employed, together with all necessary and 
actual expenses incurred in the discharge of their duties, to be audited and paid 
out of any fund in the Territorial treasury not otherwise appropriated. 

Sec. 7. The said county of Payne or municipality in or near which the said 
agricultural college shall be located under this act shall issue its bonds in the sum 
of .$10,000 and deliver the same to the secretary of the Territory of Oklahoma, to 
be by him sold for said Territory at not less than their par value, the proceeds 
thereof to be by the secretary turned over to the treasurer thereof, to be placed to 
the credit of such institution, such bonds to run twenty years after the date of 
their issuance and draw 5 per cent interest, payable semiannually, and to be 
issued in the denomination of $1,000 each, with interest coupons thereto attached: 
Provided, If such county or raunicipality shall fail or refuse to issue such bonds 
or convey said lands after demands made therefor by such board, such institution 
may be relocated elsewhere: Provided further, That a majority of the qualified 
voters of said county or municipality shall at an election called for that purpose 
vote "for" the proposition to issue such bonds. The proceeds arising from sale 
of such bonds shall be used only in the erection of the building for such institu- 
tion. Such bonds shall be payable to bearer. 

Sec. 8, Such college, by its regents, may take title to real estate, enter into con- 
tract, locate buildings, and do all things necessary to make the college effective 
as an educational institution. 

ED 1903 11 



162 EDUCATIOlSr EEPORT, 1903. 

Sec. 9, Such, board of regents shall consist of five members and the governor of 
Oklahoma, who shall be ex officio a member of such board. The governor shall 
nominate and appoint such regents, who shall hold their office [two of them?] for 
two years and three of them for four years and until their successors shall be 
appointed and confirmed biennially by the legislative council: Provided, That the 
governor and council shall fill all vacancies in said board existing during the ses- 
sion of the legislature and that the governor shall fill such vacancies only as occur 
when the legislature is not in session. The governor shall cause to be issued to 
each of said regents a commission under the seal of the Territory. 

Sec. 10. At the first meeting of said board it shall organize by the members 
thereof taking and subscribing an oath of office as required by all civil officers of 
the Territory, and shall then proceed to elect a president and treasurer, and the 
president shall be president of the college and shall be secretary of the board. A 
majority of the board shall be a quorum for the transaction of business. The 
board shall require a bond of its treasurer and fix the amount thereof. 

Sec. 11. The board of regents shall hold its meetings at the agricultural college 
and fix the time of holding the same: Provided, That members of the board 
shall receive as compensation for their services $5 per day for each day employed, 
not to exceed twelve days in anyone year, and 5 cents per mile actually and neces- 
sarily traveled in attending the meetings of said board, which sums shall be paid 
out of the Territorial treasury upon the vouchers of said board. 

Sec. 12. The said board of regents shall direct the dispositions of all moneys 
appropriated by the Territorial legislature or by Congress, or funds arising from 
the sale of bonds provided for in this act for the agricultural college or experi- 
mental station for Oklahoma Territory, and shall have supervision or charge of 
the construction of all buildings provided for said college or farm. The board of 
regents shall have power to employ a president and necessary teachers, instructors, 
and assistants to conduct said school and carry on the experimental farm con- 
nected therewith, and to appoint a superintendent of construction of all buildings, 
who shall receive $3 per day for each day actually and necessarily engaged in the 
discharge of his duties, not to exceed fifty days in any one year, which sum shall 
be paid out of the Territorial treasury upon the vouchers of said board. The said 
board shall audit all accounts against the funds appropriated for the use of the 
agricultural college and experimental station, and the Territorial auditor shall 
issue his warrant upon the Territorial treasurer for the amount of all accounts 
which shall have been audited and allowed by the board of regents and attested 
by the president and secretary of the same: Provided, That no member of the 
board of regents shall be employed upon any work to be performed in connection 
with the agriciiltural college, nor shall any such regent be allowed any per diem 
except as provided by law, and provided that any member of the board of regents 
who shall not have complied with the provisions of this act by the 1st of April 
next [1893] , the governor shall declare his office vacant and appoint a siiccessor as 
provided by law. \ 

Sec. 13. An auditing committee, composed of three members of the board and the 
Territorial treasurer, shall audit all accounts against the funds appropriated for the 
use of the agricultural college and experimental station. The Territorial auditor 
shall audit all accounts, expenses, per diem, etc., of the board of regents, and shall 
issue his warrant upon the Territorial treasurer for the amount of such accounts 
v/hen allovv^ed by the board and attested by the president and secretaryof the same. 

Sec. 14. A full course of study in the institution shall embrace not less than four 
yesrs, and the college year shall consist of not less than nine calendar months, 
which may be divided into terms by the board of regents as in their judgment will 
best secure the objects for which the college was founded. 

Sec. 15. The board of regents shall fix: the salaries of the president, professors, 
and other employees and prescribe their respective duties. The board may remove 
the president of the college or subordinate officers for just cause and supply all 
vacancies. 

Sec. 16. The faculty shall consist of the president of the college and the pro- 
fessors, who shall make all needful rules and regulations for the government and 
discipline of the college and such other rules necessary to the preservation of 
morals, decorum, and health of students. 

Sec. 17. The president shall be chief executive officer of the agricultural col- 
lege, and it shall be his duty to see that all rules and regulations are executed, and 
the subordinate officers and employees, not members of the faculty, shall be under 
his direction and supei"vision. 

Sec. is. The president of the college and board of regents shall constitute a com- 
mittee to fix the rate of wages to be allowed to students for labor on the farm or 
in the shops or kitchen of the agricultural college. 



LAWS RELATING TO LAJSTD-GEANT COLLEGES. ' 163 

Sec. 19. The faculty shall make an annual report to the board of regents on or 
before the first Monday in December of each year, showing the condition of the 
school and farm and the results of farm experiments, and containing such recom- 
mendations as the welfare of the institution, in their opinion, demands. 

Sec. 20. The board of regents shall make a report to the governor on or before 
the last Monday in December next preceding each biennial session of the Territo- 
rial legislature, containing a financial statement showing the condition of all 
funds appropriated for the use of the agricultural college and experimental station; 
also the moneys expended and the purposes for which the same were exj^ended in 
detail; also the condition of the institution and the results of all experiments 
carried on there. 

Sec. 21. The board of regents and the faculty shall have power to confer degrees 
upon all persons who shall have completed the course of study prescribed for such 
school by the board and faculty and who shall have passed a satisfactory exami- 
nation upon the studies contained in said course and who shall be known to possess 
a good moral character. 

Sec. 22. There is hereby established an agricultural experimental station in con- 
nection with the agriciiltural college by this act established, and under the direc- 
tion of the board of regents, for the purpose of conducting experiments in agri- 
culture according, to the terms of the acts of Congress establishing agricultural 
colleges and experimental stations. 

Sec. 23. The assent of the legislature of the Territory of Oklahoma is hereby 
given, in pursuance of the requirements of section 9 of said act of Congress, 
approved March 3 [2] , 1887, to the grant of money therein made and to the estab- 
lishing of an experimental station in accordance with section 1 of said last- 
m.entioned act, and assent is hereby given to carry out all and singular the 
provisions of all the acts of Congress. 

Sec. 24. The board of regents hereby established, in connection with the gov- 
ernor and secretary of the Territory, shall be fully authorized to receive from the 
United States any and all appropriations made for the support or maintenance of 
agricultural colleges wdthin the Territory, and shall be authorized to receipt for 
the same, and shall be chargeable therewith when received from the United States. 

Sec. 25. Citizens of Oklahoma between the ages of 14 and 30 years who shall 
pass a satisfactory examination in reading, arithmetic, geography, English gram- 
mar, and United States history, and who are known to possess a good moral 
character, may be admitted to all the privileges of the institution. 

Sec. 26. The board shall possess a common seal, which shall be attached by the 
president of the board, or president of the college when the board is not in session, 
to all diplomas, honorary degrees, and all public documents emanating from the 
college. 

Chapter 9, article 2: Sec. 15. The governor, secretary, and treasiirer of the Ter- 
ritory of Oklahoma are hereby authorized and empowered to issue the bonds of 
said Territory in the sum of $15,000 for the use and benefit of the agricultural and 
mechanical college of the Territory of Oklahoma, located at Stillwater, in Payne 
County, in said Territory, the said bonds to be of the denomination of $500 each 
and bear interest at the rate of 6 per cent per annum, payable annually, for which 
interest coupons shall be attached to said bonds and run thirty years from their 
date, and payable at any time after ten years from their date at the will of the 
Territory. 

Sec. 16. Said bonds shall be styled Territorial agricultural and mechanical col- 
lege bonds, and when issued shall be delivered to the treasurer of said Territory, 
and shall be by the treasurer of said Territory sold at not less than par, and with- 
out the payment of commission for their sale; and the fund a,rising from the sale 
of said bonds shall be a separate fund in the treasury of said Territory for the use 
and benefit of said agricultural and mechanical college of the Territory of Okla- 
homa, and shall be expended by the agricultural and mechanical college board of 
regents for the purposes of the erection of suitable building or buildings for the 
use of said agricultural and mechanical college. 

Sec. 17. The said fund arising from the sale of said bonds shall be charged to 
the treasurer of said Territory by the auditor thereof, and shall be paid out only 
for the purpose aforesaid and iipon an order in writing signed by the president of 
said agricultural and mechanical college, and countersigned by the auditor of said 
Territory; and upon returning said orders duly paid to the auditor of said Terri- 
tory the treasurer shall receive credit for the amount so paid. 

Sec. 18. The said bonds shall be issued by the governor, secretary, and treas- 
urer of the Territory of Oklahoma at any time after the passage of this act, upon 
request in writing of the agricultural and mechanical college board of regents. 
Sec. 19. Said agricultural and mechanical college board of regents shall have 



164 EDUCATION EEPOET, 1903. 

power to do any and all things necessary to tlie construction of said buildings: 
Provided, however, That no contract shall be made or be binding on the Territory 
that shall not be authorized by said agricultural and mechanical college board of 
regents at a meeting duly called for that purpose, of which each member shall 
have at least five days' notice in writing and in accordance with the provisions of 
this act. 

Sec. 20. Before letting any contract for the furnishing of any material or the 
performance of any labor upon said buildings to any contractor it shall be the 
duty of said board of regents to adopt certain plans and specifications prepared 
by competent architects, giving on [an?] estimate cost of said proposed buildings, 
and the contracts shall be let with the view to the erection of said buildings 
according to said plans and specifications; and before any contract for the erection 
of said buildings, or for the furnishing of any material, or for the performance of 
any portion of the work let separately, it shall be the duty of the board to take 
good and sufiicient bond from the contractor or contractors for the faithful per- 
formance of said work. 

Sec. 21. ISTo contract shall be let for the furnishing of the material or any por- 
tion of the material used in the erection of said buildings, or the construction 
thereof, until said board of regents shall have given thirty days' notice in one 
weekly newspaper published at Stillwater, in Payne County, in said Territory, and 
in one daily newspaper published at Guthrie, in said Territory, of the intention to 
purchase such material and let such contracts, and the contracts shall be let to 
the lowest responsible bidder or bidders, who shall give good and sufficient bond, 
with two or more sureties, for the faithful performance thereof, according to the 
terms of the contract: Provided, however, That the said board of regents may let 
the contract for the construction of said buildings as an entirety to one person or 
may let portions thereof to different persons, as the board of regents may deter- 
mine shall be to the best interests of said agTicultural and mechanical college. 

Sec, 22. For the purpose of paying the interest on the said bonds hereinbefore 
provided to be issued for the use and benefit of said University of Oklahoma, Nor- 
mal School for the Territory of Oklahoma, and Agricultural and Mechanical Col- 
lege of the Territory of Oklahoma there is hereby levied upon all taxable prop- 
erty within said Territory an annual tax of one-half mill on the dollar, and for 
the purpose of creating a sinking fund for the payment of said bonds such levy 
shall be made as the Territorial legislature may hereafter prescribe, [Sees, 15-23 
are a part of an act of March 16, 1893,] 

Chapter 9, article 4: Section 1. The secretary of the Territory of Oklahoma is 
hereby authorized to sell the bonds hitherto issued by the town of Stillwater, 
Payne County, Okla. , for the benefit of the agricultural and mechanical college 
situated at Stillwater, Okla., which said bonds are hereby legalized and approved: 
Provided, That in case the bonds shall be sold for less than par, the town of Still- 
water shall and is hereby authorized to issue city warrants in a sum sufficient to 
make good the deficiency, and the total sum of $10,000 [shall be?] for the benefit 
of said school, as provided in chapter 2 of the general statutes of Oklahoma. 
(March 14, 1893.) 

Laws, 1898, council joint resolution No. 8: The provisions of the act of Congress 
approved August 30, 1890, * * * are hereby accepted by the Territory of 
Oklahoma, and the Territory hereby agrees and obligates itself to comply with 
rill the provisions of said act; and the treasurer of the Territory is designated as 
the proper officer to receive the funds therein appropriated. 

Upon the approval of this joint resolution by the governor, he is hereby instructed 
to transmit certified copies of the same to the Secretary of the Interior and the 
Secretary of the Treasury of the United States. (March 7, 1893.) 

Laws, 1895, chapter 4, article 1: Sec, 12, [Appropriates] For the expenses of 
the board of regents of the Agricultural and Mechanical College for the years 
1895 and 1896, $1,000. (March 8, 1895.) 

Laws, 1897, chapter 3: Sec, 13. [Appropriates] For expenses of the board of 
regents of the Agricultural and Mechanical College the sum of $1,000 for the years 
1897 and 1898, (March 12, 1897,) 

Laws, 1897, chapter 1: Section 1, The Colored Agricultural and Normal Univer- 
sity of the Territory of Oklahoma is hereby located and established at or within a 
convenient distance from Langston, in Logan County, Oklahoma Territory, the 
exclusive purpose of which si all be the instruction of both male and female colored 
persons in the art of teaching, and the various branches which pertain to a com- 
mon school education, and in such higher education as may be deemed advisable 
by such board, and in the fundamental laws of the United States, in the rights 
and duties of citizens, and in the agricultural, mechanical, and industrial arts. 

Sec. 2, The Colored Agricultural and Normal University shall be under the 



LAWS EELATING TO LAND-GEANT COLLEGES. 165 

direction of five suitable persons, to be known as a board of regents of tbe Colored 
Agricultural and Normal University of the Territory of Oklahoma, two of which 
shall be from the colored race, and the school aforesaid shall be governed and 
supported as hereinafter provided. 

Sec. 3. Said board shall consist of the Territorial superintendent of public 
instruction, Territorial treasurer, and three others to be appointed by the governor, 
by and with the advice of the council of the legislative assembly. The tenure of 
office of said board shall be for the term of four years. The Territorial treasurer, 
by virtue of his office, shall be treasurer of said board, and the members of said 
board shall elect from their members the president and the secretary. It shall be 
the duty of the secretary to keep an exact and detailed account of the doings of 
said board, and he shall make such reports to the legislative assembly as are 
required by this act. 

Sec. 4, Said board shall have power to appoint suitable persons as president and 
assistants to take charge of said university, and fix the salaries of each and their 
several duties. They shall also have power to remove either the president or 
assistants and appoint others in their stead. They shall prescribe the various 
books to be used in said university, and shall make and prescribe such laws as 
may be necessary for the good government and management of the same. 

Sec 5. The said board shall ordain such rules and regulations for the admission 
of pupils to said university as they deem necessary and proper. Every applicant 
for admission shall undergo an examination in such manner as may be prescribed 
by said board, and the board may in its discretion require an applicant for admis- 
sion into said school, other than such as shall prior to such admission sign and 
file with said board a declaration of intention to follow the business of teaching 
school in the territory, to pay or to secure to be paid such fees or tuition as the 
board shall deem reasonable: Provided, That this feature shall be applicable only 
to the normal branch of said university. 

Sec. 6. After said Agricultural and Normal University shall have commenced 
its first term, and at least once in each year thereafter, it shall be visited by three 
suitable persons, at least one of whom shall be colored, to be appointed by the 
governor, who shall examine thoroughly the affairs of the school and report to 
the superintendent of public instruction and to said board their views in regard 
to its condition, success, and needs, and any other matters they may deem expe- 
dient. Such visitors shall be appointed annually. 

Sec, 7. As soon as any person has attended said university twentj'-two weeks, 
said person may be examined in the studies required by law, and if it shall appear 
that such person possesses the learning and other qualifications necessary to teach 
a common school, said person shall receive a certificate authorizing him or her to 
teach a common school. 

Sec. 8. The funds appropriated for the benefit of said university shall be under 
the direction and control of the board herein created. The treasurer of the Terri- 
tory shall pay out of such funds all orders or drafts for money expended under 
the provisions of this act; such drafts and orders to be drafts of the Territorial 
auditor, to be issued upon a certificate of the secretary of the board, countersigned 
by the president of said board. No certificate shall be given except upon accounts 
audited and allowed by said board at a regular meeting. 

Sec. 9. Services and all necessary traveling expenses, as hereinafter provided, 
incurred by the members of said board in carrying out the provisions of this act, 
shall be paid as hereinbefore provided out of any funds belonging to the said 
university in the hands of the treasurer of said board during the erection and com- 
pletion of the necessary buildings. The principal, assistants, teachers, and said 
board, and other officers and employes of such university shall be paid out of the 
Colored Agricultural and Normal University school fimd, which fund is hereby 
created. The members of said board of regents shall be entitled to $3 per day 
and 5 cents per mile for all time actually used and distance necessarily traveled 
in attending the meetings of said board. 

Sec, 10. Said board of regents shall hold four regular meetings in each year, viz, 
in the first week in April, the first week in July, the first week in October, and the 
first week in January of each year. At the first meeting in April of each year the 
officers of said board shall be elected. The meetings of the board shall be held at 
the office of the governor until such time as the building for the use of said uni- 
versity shall be completed and thereafter in said building. Special meetings of 
said board may be called upon the written order of the president of said board, 
which order shall specify the object of such meeting. The majority of said board 
shall constitute a quorum to transact business. 

Sec. 11. The secretary of said board shall annually, on the 1st day of January 
of each year, transmit to the governor a full report of the expenditures of such 



166 EDUCATION EEPOKT, 1903. 

university by such board for the previous year, itemizing the sa.me in detail, and 
the president of said board shall at the same time m.ake a full and complete 
report of the results attained by said school. 

Sec. 12. Such board shall exercise a watchful guardianship over the morals of 
the pupils at all times, and no religious or sectarian tests shall be applied in the 
selection of teachers and none shall be adopted in said university. 

Sec. 13. For the purpose of locating and supporting said university there shall 
be furnished 40 acres of land lying within a convenient distance of Langston, which 
shall, without cost to the Territory, be conveyed by good and sufficient warranty 
deed to said board of regents for the use and benefit of said university, not less 
than 10 acres of which land shall be reserved for a site upon which to erect buildings 
for said university, and the remainder shall be used in experimental agriculture. 

Sec. 14. For the purpose of this act the sum of $5,000 is hereby appropriated out 
of any funds in the TerritoriaJ treasury not otherwise appropriated, which appro- 
priation shall be for the erection and completion of one wing of a suitable build- 
ing for such university and for the maintenance of the officers and the board and 
corps of teachers and instructors created and. authorized to be employed under 
this act. 

Sec. 15. Any person who shall complete the full course of instruction in said 
university shall, upon passing proper examination, receive a diploma, which shall 
be signed by the president of said university and the president and secretary of the 
board of regents. 

Sec. 16. Any person having obtained a diploma from the normal department of 
said university shall be permitted to teach in any common school of the Territory 
of Oklahoma for a period of five years from the date thereof, said authority to 
teach being subject to revocation for any ijroper and sufficient cause. (March 12, 
1897.) 

Laws, 1899, chapter 3, article 1: Section 1. There is hereby appropriated, out of 
any money in the Territorial treasury not otherwise appropriated, the sum of 
$30,000, to be divided or apportioned among the various educational institutions 
of the Territory of Oldahoma as hereinafter provided. 

Sec. 2. To the Agricultural and Mechanical College at Stillwater, the sum of 
$20,000, to be expended for building purposes under the direction of the board of 
regents of the said college. To the Colored Agricultural and Normal University 
at Ijangston, the sum of $10,000, to be expended for building purposes under the 
direction of the board of regents of the said university. 

Sec. 3. The Territorial auditor shall draw warrants upon properly authenticated 
vouchers for such amounts thereof as may be by him found due upon auditing the 
respective claims therefor, in favor of the persons to whom such claims are allowed, 
upon the Territorial treasury. 

Sec. 4. The Agricultural and Mechanical College at Stillwater shall hereafter 
receive, annually, nine-tenths of the money granted to the Territory of Oklahoma 
for the more complete endowment a,nd support of its colleges for the benefit of 
agricultural and mechanical arts, as provided in an act of Congress approved 
August 80, 1890, and the university located at Langston shall receive the residue 
of said money granted, to be received and paid out as provided by this act. 

Sec. 5. For the further support of the university at Langston there is hereby 
appropriated out of the balance of the Morrill fund, to the credit of the Agricul- 
tural and Mechanical College at Stillwater, on November 30, 1898, the sum of 
$15,000. 

Sec. 6. The treasurer of the Territory of Oklahoma shall, upon the receipt of 
the money granted by said act of Congress approved August 30, 1890, apportion 
said money as required by this act between the aforesaid institutions. The said 
treasurer shall pay to each of said institutions its proportion as provided by this 
act, upon the order of the Teri-itorial auditor, and take receipt for the same. 

Sec. 7. The passage of this act and the execution in good faith of the provisions 
of the same shall be deemed to all intents and purposes a full and complete assent 
on the part of the Territory of Oklahoma to the act of Congress gTanting said 
money for the purposes aforesaid, as required by section 2 of said act of Congress 
approved August 30, 18S0, with all the conditions and limitations imposed by said 
last recited act of Congress upon the Territory of Oklahoma; and the Territory of 
Oklahoma pledges its faith and credit that it will on its part carry out and execute 
said conditions a,nd limitations. (March 10, 1899.) 

Laws, 1899, article 2: Sec. 13. [Appropriates] For the expenses of the board of 
regents of the Agricultural and Mechanical College, of the normal schools, and of 
the Territorial university for the years 1899 and 1900, the sum of $300 per annum 
for each board: Provided, Any officer being a member of said board ex of&cio 
shall receive no per diem.. 



LAWS RELATING TO LAND-GEANT COLLEGES. 1(37 

Laws, 1899, chapter 28, article 4: Section 1 [as amended March 16, 1903]. The 
rate of general Territorial tax shall not be less than one-half mill or more than 3 
mills on the dollar valuation, and in addition it shall be the duty of the Territo- 
rial board of equalization to make * * * for the support of the Agricultural 
and Mechanical School at Stillwater a levy sufficient to raise the amount of $12,000 
for each of the years 1903 and 1904; for the Agricultural and Normal University 
at Langston, a levy sufficient to raise the sum of $10,000 for each of the years 1903 
and 1904: * * * Provided, That all funds collected under the provisions of this 
act for the benefit of the Territorial educational institutions be, and the same is 
[are] hereby, appropriated to the purpose for which it is [they are] collected; 
and any amount raised under the provisions of this section in excess of the actual 
needs of any of the institutions mentioned herein shall be returned to the Terri- 
torial treasurer and credited to the general school fund of the Territory. 

Laws, 1899, chapter 25, article 1: Section 1 [as amended March 16, 1903]. The 
board of school land commissioners, immediately after the passage and approval 
of this act, and once every six months thereafter, shall apportion the funds on 
hand derived from the leasing of section 18, reserved for university, agricultural 
college, and normal school purposes, in the following manner, to wit: One-seventh 
of the total amount for the use and benefit of the University of Oklahoma at Nor- 
man, one-seventh of the total amount for the use and benefit of the Agricultural 
and Mechanical College at Stillwater, one-seventh of the total amount for the 
use and benefit of the Territorial Normal School at Edmond, one-seventh of the 
total amount for the use and benefit of the Northwestern Normal School at Alva, 
one-seventh of the total amount for the use of the Southwestern Normal School 
at Weatherford, one-seventh of the total amount for the use and benefit of the 
University Preparatory School at Tonka wa, one-seventh of the total amount for 
the use of the Colored Agricultural and Normal University at Langston. The 
money thus apportioned for the purposes aforesaid shall be paid to the proper 
officer designated to receive money in the several acts or parts of acts establish- 
ing these institutions, to be expended under the same conditions and restrictions 
as other funds for the support of these institutions. (March 16, 1903.) 

Laws, 1901, chapter 31. article 1: Section 1. The board of regents of the Col- 
ored Agricultural and Normal University at Langston is hereby authorized to 
contract under the terms of this act for the construction of an assembly hall and 
three additional class rooms, the same to be an addition to the assembly building 
already constructed, and a sum not exceeding 35 per cent of the amount realized 
from the tax levy hereinafter provided for shall be expended for such purposes; 
a sum not exceeding 25 per cent of the amount realized from such levy shall be 
expended in constructing a dormitory for boys, and a sum not exceeding 5 per 
cent of the amount realized from such levy shall be expended in the construction 
of a residence for the president of said university at some suitable place on the 
grounds belonging to said university, and the remaining 35 per cent of the sum 
realized from said levy shall be expended in paying off deficiencies unpaid on 
June 30, 1901, and in payment of salaries for instructors, incidental expenses, and 
the purchase of necessary stock for the equipment of said university, and in con- 
structing a necessary system of waterworks therefor. The sums provided for the 
construction of the buildings mentioned shall also cover the installation of heat- 
ing and lighting systems and of necessary furniture therefor; and any sums not 
used for the above-mentioned purposes shall be, and they are hereby, appropri- 
ated for such purposes as the board of regents of said university may determine: 
Provided, That such board shall not have power to contract for buildings or other 
things authorized by this act to an amount exceeding in the aggregate the amount 
to be levied, based upon the last assessment of the taxable property of said Terri- 
tory for county and Territorial purposes, which shall precede the making of such 
contracts: And provided further , That the total siTm expended for the buildings 
and all other purposes mentioned in this act shall not in any case exceed in amount 
$32,000. 

Sec. 5. For the purpose of paying for the buildings provided for herein there is 
hereby levied upon all taxable property of the Territory a tax of three-tenths mill 
on the dollar for the year 1901, and a tax of two- tenths mill on the dollar for the 
year 1902, the same to be levied upon the property of the Territory for the years 
1901 and 1902. The fund derived from such taxes shall be known as the " Colored 
Agricultural and Normal University building fund," and shall be available and 
used by the board of regents only for the purpose of constructing such buildings 
and for the other purposes mentioned in section 1 of this act; and all funds arising 
from said tax levy under the provisions of this act are hereby appropriated to said 
purposes. (March 8, 1901.) 

Laws, 1901, chapter 31, article 3: Section 1. The board of regents of the Agri- 



168 EDUCATION EEPOET, 1903. 

cultural and Mechanical College and Experiment Station of Oklahoma Territory 
at Stillwater is hereby authorized to contract, under the terms of this act, for the 
construction of an assembly hall and quarters for the departments of botany and 
entomology, the same to be an addition to the library building already constructed, 
and a sum not exceeding 50 per cent of the amount realized from the tax levy here- 
inafter provided for shall be expended for such purpose; a sum not exceeding 30 
per cent of the amount realized from such levy shall be expended in constructing 
an engineering building; and a sum not exceeding 10 per cent of the amount real- 
ized from such levy shall be expended in the construction of a smokestack and a 
boiler house and in centralizing the heating system; and a sum not exceeding 10 
per cent of the amotmt realized from said levy shall be expended in the construc- 
tion of a bam on the college farm. The sums provided for the construction of the 
buildings mentioned shall also cover the installation of heating and lighting sys- 
tems and of necessary furniture: Provided, That such board shall not have power 
to contract for buildings or other things authorized by this act to an amount 
exceeding in the aggregate the amount to be levied, based upon the last assessment 
of taxable property of said Territory for county and Territorial purposes which 
shall precede the making of such contracts: And provided further , That the total 
amount expended for buildings and all other purposes authorized by this act 
shall not in any case exceed the sum of $46,000: And provided further. That any 
casual balance that may remain unexpended shall be used for the repair of exist- 
ing buildings owned by the college and -for the construction of fences on the col- 
lege farm. 

Sec. 5. For the purpose of paying for the buildings provided for herein there is 
hereby levied upon all taxable property of the Territory a tax of three-tenths of 1 
mill on the dollar for the year 1901, and a tax of four-tenths of 1 mill on the dol- 
lar for the year 1902. The fund derived from such taxes shall be known as the 
"Agricultural and Mechanical College building fund," and shall be available and 
used by the board of regents only for the purpose of constructing such buildings 
and for the other purposes mentioned in section 1 of this act; and all funds arising 
from said tax levy under the provisions of this act are hereby appropriated to said 
purposes. (March 8, 1901.) 



OREGON. 

Laws, 1868: Section 1. J. F. Miller, J. H. Douthit, and J. C. Avery are hereby 
constituted a board of commissioners, with power (1) to locate all the lands to 
which this State is entitled by act of Congress for the purpose of establishing an 
agricultural college, and as soon as such locations are made to report the same to 
the secretary of state; (2) to take into consideration the further organization and 
perfecting of a plan for the permanent establishment of such college, in accord- 
ance- with the requirements of the act of Congress making such donations, and 
report the same to the governor by August 1, 1870; (3) to fill all vacancies in the 
college by appointment that may occur in any senatorial district under the provi- 
sions of this act. 

Sec. 2. That until other provisions are made the Corvallis College is hereby 
designated and adopted as the agricultural college, in which all students sent 
under the provisions of this act shall be instructed in all the arts, sciences, and 
other studies, in accordance with the requirements of the act of Congress making 
siich donation. 

Sec. 3. Each State senator is hereby authorized and empowered to select one 
student, not less than 16 years of age, who shall be received by the faculty of said 
college and instructed by them in the manner provided in this act for the space 
of two years, unless such student shall be discharged for misconduct: Provided, 
however, That this act shall not be binding until the trustees of said college shall 
adopt a resolution and file a certified copy thereof with the secretary of state, 
assenting to and agreeing on their part to faithfully carry out the provisions of 
this act. 

Sec. 4. Upon the certificate of the president of the Corvallis College that any 
student so appointed is in attendance at the school it shall be the duty of the sec- 
retary of state at the middle of each quarter to draw his warrant upon the State 
treasurer in favor of the said college for the sum of $11.25 for each student so 
attending. And it shall be the duty of the State treasurer to pay such warrants out 
of any funds in his hands not otherwise appropriated, and a separate account of 
such funds shall be kept and designated the " agricultural college funds." 

Sec. 5. All funds paid out in accordance with the provisions of the foregoing 



LAWS EELATINQ- TO LAND-GEANT COLLEGES. 169 

sections, with interest thereon at 10 per cent per annum, shall be refunded to the 
State treasurer from the first interest that shall accrue from the proceeds of the 
sale of any lands located for said college. 

Sec. 6. The board of commissioners hereby created shall make all the reports 
reqnir'^d by law, and shall each receive a salary of $5 per day for the number of 
days actually employed, to be paid upon the sworn statement of such commis- 
sioner. (October 27, 1868. ) 

Laws, 1870: Section 1. Corvallis College, in Benton County, is hereby desig- 
nated and permanently adopted as the agricultural college of the State of Oregon, 
in which all students sent under the provisions of law shall be instructed in accord- 
ance with the requirements of the act of Congress approved July 3, 1863, granting 
public lands to the several States and Territories which might provide colleges for 
the benefit of agriculture and the mechanic arts, and the acts amendatory thereof. 

Sec. 3. The following persons, to wit, J. C. Avery, L. F. Grover, and N. H. 
Cranor, are hereby constituted a board of commissioners to propose a plan for the 
instruction and education of the students in said agricultviral college, and to pre- 
pare rules, regulations, and by-laws for the government of the same, all of which 
shall be submitted to the legislative assembly at its next regular session for its 
adoption or rejection, and in the meantime the said college shall be governed by 
and under the provisions of the act of the legislative assembly approved October 
27, 1868, in relation to said college. 

Sec. 3. The board of trustees of Corvallis College shall, by resolution, accept the 
provisions- of this act and agree to be boimd by the same within thirty days after 
its passage, and cause a copy of said resolution to be filed with the secretary of 
state, and upon their failure to do so they shall be deemed to have rejected its pro- 
visions. (October 21, 1870.) 

Laws, 1873: Section 1. Each State senator is hereby authorized and empowered 
to select two students not less than 16 years of age, who shall be received by the 
faculty of the agi-icultural college of this State and instructed by them according 
to the coiirse of instruction adopted in said agricultural college for the term of 
four years each. * * * 

Sec. 3. There shall be, and hereby is, appropriated, out of the general fund in 
the treasury not otherwise appropriated, annually the sum of $5,000, to be devoted 
to the general support of the agricultural college of the State of Oregon under the 
direction of the regents thereof: Provided, That no charge shall be made for the 
tuition of any students appointed in accordance with lavv^. The funds herein pro- 
vided for to be disbursed shall be drawn and paid out in the same manner as has 
been heretofore provided for by law for the payment of funds from the treasury 
disbursed for the support of said institution. 

Sec. 5. All funds paid out in accordance with the provisions of the foregoing 
sections, with interest thereon at 10 per cent per annum, shall be refunded to the 
State treasurer from the first interest that shall accrue from the proceeds of the 
sale of any lands located for said college not already appropriated for a similar 
purpose. (October 15, 1872.) 

Laws, 1872: Section 1. Upon final approval of the selections of the agricultural 
college lands of this State held under the several acts of Congress relating thereto 
the board of school-land commissioners shall be, and they are hereby, authorized 
to sell and dispose of said lands for not less than $3. 50 per acre in currency. * * * 

Sec. 5. All moneys derived from, the sale of the lands aforesaid shall be loaned by 
said commissioners at a rate of interest not less than 10 per cent per annum, pay- 
able semiannually in advance, to be secured by mortgage on real property in this 
State, free from all incumbrance, of not less than three times the value of said 
loan, and the moneys so invested shall constitute a perpetual fund, the capital of 
which shall remain forever undiminished, and the interest of which shall be paid 
into the State treasury, to be placed to the credit of the agricultural college fund. 
(October 38, 1873.) 

Laws, 1878: Section 1. Section 3 of an act [approved October 15, 1872, above] 
be amended so as to read as follows: 

" Sec. 3. There shall be, and hereby is, appropriated, out of the general fund in 
the treasury not otherwise appropriated, annually the sum of $500, also the inter- 
est hereafter annually accruing on the fund arising from the sale of agricultural 
college lands, to be devoted to the general support of the agricultural college of 
the State of Oregon under the direction of the regents thereof: Provided, That no 
charge shall be made for the tuition of any students appointed in accordance with 
law. The funds herein provided for to be disbursed shall be drawn and paid out 
in the same manner as has been heretofore provided for by law for the payment 
of funds fi-om the treasury disbursed for the support of said institution: Provided, 



170 EDUCATION" KEPORT, 1903. 

The $500 annually appropriated by this section out of the general fund shall cease 
on and after two years from the passage of this act." (October 21, 1878.) 

Laws, 1883: Sec. 2. All moneys arising from the sale of school, university, and 
agricultural college lands, and all other moneys belonging to the * * * agri- 
cultural college fund, shall be loaned by the board of commissioners at 8 per cent 
per annum, payable semiannually on the 1st day of January and July of each 
year. The principal and interest shall be made payable in gold coin of the United 
States or its equivalent, and such loans shall be secured by note and mortgage to 
said board of commissioners on real estate in this State of not less than twice the 
value of the amount loaned, exclusive of perishable improvements, of unexcep- 
tionable title, and free from all incumbrances, or by a deposit of United States 
bonds, or the bonds or treasury warrants of this State, of a face value of not less 
than 25 per cent in excess of such loans. All the loans herein provided for shall 
be made for the period of one year: Provided, That in case the interest is promptly 
paid and security remains unimpaired the board may, in their discretion, permit 
the loan to stand for a period of not longer than ten years. Upon the payment 
of any loan the principal shall again be loaned in like manner as in this section 
provided. (October 17, 1882.) 

Laws, 1882, act of October 20, 1882: Section 1. There is hereby appropriated, 
out of the general fund in the treasury not otherwise appropriated, the sum of 
$2,500 annually for the support of the State agricultural college of Oregon. 
[This appropriation was not paid since 1893. J 

Laws, 1885: Section 1. [As amend.ed November 21, 1885.] The permanent loca- 
tion of the State agricultural college at Corvallis, in Benton County, Oreg., be, 
and the same is hereby, ratified and confirmed: Provided, hoivever. That the citi- 
zens of said county shall, on or before January 1, 1889, have caused to be erected 
on the farm containing 35 acres in the immediate vicinity of said city, known as 
the agricultural college farm, brick buildings for the accommodation of the said 
State agricultural college, at a cost of not less than $20,000: And provided further, 
That the said fai-m and buildings shall be, on or before January 1, 1889, free from 
all liens and incumbrances whatever. 

Sec. 2. The general government of the said college shall be vested in and exer- 
cised by a board of regents, to be denominated the board of regents of the State 
agricultural college of the State of Oregon, who are hereby constituted a corpora- 
tion for that ptirpose, Vvdth power to sue and be sued, to make contracts, and to 
enact and, from time to time, to vary and amend such by-laws and regiilations as 
in their discretion shall seem necessary or proper for the benefit, development, and 
successful working of the said college. 

Sec. 3. The said board of regents shall consist of 13 members, of whom the 
members of the State board of education and also the master of the State grange 
for the time being shall be ex officio members. The other 9 members of the 
board shall be appointed by the governor, by and with the advice and consent of 
the senate, not more than 5 of which 9 members appointed by the governor shall 
belong to the same political party. Such appointed members shall hold office as 
follows: Three of them shall go out of office at the end of the third year, 3 at the 
end of the sixth year, and the remaining 3 at the end of the ninth year from the 
time of the first appointment, the names of those to leave office being determined 
among themselves by lot. Thereafter every person appointed shall serve for the 
full period of nine years, or until their successors are appointed and qualified. All 
vacancies occurring in said board by death, resignation, or otherwise during the 
recess of the senate shall be filled by the governor until the next meeting of the 
legislature, or until their successors are appointed and qualified. 

Sec. 4. At the first meeting of the board after their appointment the members 
present shall elect from their number a president, treasurer, and secretary, and 
shall prescribe their duties; and seven members shall constitute a quorum. The said 
board shall also appoint from its members an executive committee of five, of whom 
three shall constitute a quorum. The executive committee shall execute the powers 
and duties of the board during the recess thereof. Such committee shall keep a 
record of its proceedings, which shall be reported to each meeting of the board, 
and such record shall be at all times open to the inspection of any member of the 
board. 

Sec. 5. The president of said board shall, once a year, make a written report to 
the governor, setting forth the condition of said college, financial and otherwise, 
with such recommendations touching the same as he may think proper. 

Sec. 6. The course of instruction and studies at said college shall be prescribed 
by the board of regents, and shall be in accordance with the objects sought by 
Congress in the establishment of State agricultural colleges, namely, " instruction 
in agriculture and the mechanic arts." 



LAWS EELATIKG TO LAND-GEAKT COLLEGES. 171. 

Sec. 7. All ftinds applicable by law to tlie support of the State agricultural col-- 
lege sliall be drawn on warrant, issued by the secretary of state, for the time being, 
on the written request of the treasurer of the board of regents, countersigned by 
the secretarJ^ 

Sec. 8. For the time being an admission fee and rates of tuition, such as the 
board of regents shall deem expedient, shall be required of each student, except 
as herein otherwise provided. Until the legislative assembly shall otherwise 
direct, each senatorial and representative district in this State shall be entitled to 
gratuitous instriTction for as many pupils as said district now has of senators and 
representatives in the legislative assembly, and, also, each county in the State shall 
be entitled to one free scholarship in said college, all of whom shall be selected aa 
follows: The school superintendent in each count j^ shall receive and register the 
names of all applicants for admission nominated by the senators or representa- 
tives of that county and shall present the same to the county court sitting for the 
transaction of county business, and from the applicants found to possess the 
requisite qualifications the number of pupils to which such county is entitled shall 
be selected by lot. The persons so selected shall be residents of the county for 
which they are selected, and shall possess such educational and other qualifications 
as the board of regents may prescribe. Vacancies occurring shall also be filled by 
the county court as hereinbefore provided. In senatorial and representative dis- 
tricts composed of more than one county the senator or representative for that 
district shall have the power to nominate and appoint one student for such district, 
who shall be received in said college on the same terms as the students appointed 
by the county courts. One-third of said stiidents appointed as aforesaid may be 
females. 

Sec. 9. For the endowment, maintenance, and support of said agricultural col- 
lege there is hereby set apart and appropriated the interest on the fund which has 
arisen and which shall hereafter arise from the sale of all lands granted to the 
State of Oregon, or to which said State was entitled under the act of Congress to 
provide colleges for the benefit of agriculture and the mechanic arts to the several 
States and Territories, approved July 2, 1863, and the acts amendatory thereof, or 
so much thereof as may be necessary; but in no case shall the interest arising 
from said fund be applied to the purchase of sites or for buildings for said agri- 
cultural college, but only in the payment of the salaries of professors, ofiicers, and 
other current expenses. The remainder of such interest remaining over at the 
close of each fiscal year after the payment of such expenses shall be added to and 
become a part of the principal or endowment fund forever. 

Sec. 10. The board of regents provided for by this act shall be appointed by the 
governor during the present session of the legislature, but they shall not assume 
the government of said college until the buildings mentioned in this act shall have 
been completed as aforesaid and accepted by the governor on behalf of the State. 

Sec. 11. When and as soon as the governor has been notified that such building 
is completed he shall inspect the same, and if he shall find that the same is con- 
structed as provided in this act, and he shall find that the said agricultural farm 
and buildings are free from all liens and incumbrances, he shall accept the same 
for and in behalf of this State: Provided, That the board of regents is authorized 
at any time after their appointment to accept provisionally on behalf of the State 
a conveyance to them of the said agricultural college farm. 

Sec. 12. The State board of edtication is hereby constituted an advisory board 
to act in concert with the State Agricultural College Association, being an incor- 
poration recently formed by the citizens of Benton County to carry out the 
intended purposes of this act on all matters connected with the design and con- 
struction of the said intended building. 

Sec. 13. Corvallis College, in Benton County, having signified its intention and 
desire to relinquish to the State the control and management of the State agri- 
cultural college, the same is hereby accepted, to take effect at the time and in the 
manner provided in this act. (February 11, 1885.) 

Laws, 1889: Section 1. There be, and hereby is, appropriated the sum of $30,000. 
or so much thereof as may be necessary for the purposes hereinafter described, 
namely : ( 1 ) Piirchasing additional land in the neighborhood of the college building 
at Corvallis. (2) For the erection and equipment of a building to be used for instruc- 
tion in working in wood and metal. (3) For the erection and equipment of a 
model dairy and creamery. (4) For the erection and furnishing and stocking of 
a stock barn and veterinary buildings. (5) For the erection and furnishing of a 
students' hall and dormitories. 

Sec. 2. There be, and hereby is, appropriated the sum of $o,000 per annum in 
aid of the current expenses of the State agricultural college and for the payment 
of professors and instructors therein. [Not paid from 1894 to 1897, both inclusive.] 



172 EDDCATION EEPOET, 1903.^ 

Shc. 3. There be, and hereby is, appropriated the sum of $3,500 for payment of 
the legal expenses incurred by the board of regents of the State agricultural col- 
lege in the current litigation by nominees of the Methodist Episcopal Church 
South. 

Sec. 4. The sums appropriated by this act shall be set apart by the treasurer of 
the State out of the general fund, and shall be designated "the agricultural col- 
lege improvement fund." 

Sec. 5. The buildings provided for in section 1 of this act shall be erected on 
the farm or land to be purchased from the sums appropriated by this act. 

Sec. 6. The said sums of money so appropriated shall be expended by and under 
the supervision and control of the board of regents of the State agricultural col- 
lege for the purposes for which the same are hereby appropriated, and said board 
of regents are hereby authorized and empowered to adopt such plans and specifi- 
cations for said buildings and equipments as they xaay think fit. (February 18, 
1889.) 

Laws, 1889: Sec. 8. It shall be the duty of the chemist of the State agricultural 
college to correctly analyze any and all substances the said [food] commissioner 
may send him for the purpose of carrying out the provisions of this act [to pre- 
vent the production and sale of unwholesome foods, and to regulate sales of adul- 
terated foods, drinks, and medicines]. (February 25, 1889.) 

Laws, 1891: Section 1. The legislative assembly of the State of Oregon doth 
hereby irrevocably assent to the purpose of the said grants under and by virtue 
of the said act of Congress, approved August 30, 1890, * * * and on behalf 
of the State of Oregon doth accept the same, and doth designate as the college to 
receive the same the State Agricultural College of Oregon, organized and existing 
under the act of the legislative assembly of the State of Oregon approved Febru- 
ary 11, 1885, * '-^ * and the act amendatory thereof; and doth further desig- 
nate and appoint the treasurer of the board of regents for the time being, 
appointed under and by virtue of section 4 of the last-mentioned act, approved 
February 11, 1885, as the officer to receive the said Congressional appropriations, 
under and by virtue of the said act of Congress, approved August 30, 1890. 

Sec. 2. There be, and hereby is, appropriated the sum of $3,483.80 in payment 
of the balance now due to the treasurer of the said State agricultural college for 
amounts expended by the said board of regents on the purchase of land and the 
erection, equij^ment, and furnishing of buildings for the said State agricultural 
college in excess of the sum of $30,000 appropriated therefor by the legislative 
assembly of the State of Oregon, under the said act approved February 18, 1889. 

Sec. 3. There be, and hereby is, appropriated the sum of $25,000, or so much 
thereof as may be necessary, for the purposes hereinafter described, namely: (1) 
The erection and furnishing of a building on the State agricultural farm at Cor- 
vallis, Benton County, Oreg., for the erection of the laboratories of the said col- 
lege in connection with the experiment station and the storerooms and offices of 
the said college. (2) The erection and furnishing of a second students' hall and 
dormitory in connection with said college. (3) The erection and fiirnishing of a 
dairy and creamery and the outbuildings and appliances connected therewith for 
the purpose of the said State agricultural college. (February 19, 1891.) 

Laws, 1893: Section 1. There be, and hereby is, appropriated the sum of $4,226 
in payment of the balance now due to the treasurer of the said State agricultural 
college for amounts expended by the board of regents in the erection and ftir- 
nishing of the students' hall and dormitory provided for by said act, filed in the 
office of the secretary of state February 19, 1891, in excess of the sum of $25,000 
appropriated by said act for that and other purposes. 

Sec. 2. There be, and hereby is, appropriated the sum of $28,000, or so much 
thereof as may be necessary, for the purposes hereinafter described, namely: (1) 
Mechanical department of said college — Enlarged building; additions to engine 
and boilers; lathes and other large tools; carpenters' tools, 25 sets; forges, 12; 
electrical apparatus. (2) Agricultural department of said college — Barn and 
silo; tile drainage; dairy and fittings; implements. (3) Horticultural department 
of said college — Barn; potting shed; tool room. (4) For the college building of 
said college — New heating apparatus; desks, chairs, tables, etc.; incidentals and 
architects' fees. Total, $26,100. (February 20, 1893.) 

Laws, 1898, special session: Section 1. There be, and there is hereby, appropriated, 
out of the general funds not otherwise appropriated, the sum of $25,000, to be used 
by the board of regents of the Oregon State Agricultural College in the erection 
and construction of a suitable building on the grounds of said college at Corvallis, 
in Benton County, Oreg., to replace the buildings destroyed by fire on September 
28, 1898. (October 12, 1898.) 

Laws, 1899: Section 1. All agricultural college land now owned by the State of 



LAWS EELATING TO LAND-GEANT COLLEGES. 173 

Oregon which has been subject to sale for a period of twenty-five years shall 
hereafter be sold at a tiniform price of $1.35 per acre. (February 17, 1899.) 

Laws, 1899, act of February 18, 1899: Sec. 23 [as amended by act of February 
25, 1901]. All moneys belonging to the irreducible school fund, university fund, 
or agricultural college fund shall be loaned by the State land board at per cent 
per annum, payable semiannually, on the Ist daj^ of January and 1st day of July 
of each year: Provided, houiever, That if at any time there be a surplus of either 
of these funds over and above all loans applied for the State land board may, in 
its discretion, invest such portion of said sui-plus as in their judgment they may 
deem proper in bonds issued by municipal corporations and school districts in the 
State of Oregon, the legality of such bonds to be approved by the attorney-general. 
The principal and interest of all loans shall be made payable in gold coin of the 
United States or its equivalent; and suoh loans shall be secured by note and mort- 
gage to the State land board on real estate in this State of not less than thrice the 
value of the amount loaned, exclusive of perishable improvements, of unexcep- 
tionable title, and free from all incumbrances, or by a deposit of United States 
bonds or the bonds or treasury warrants of this State of a face value of not less 
than 25 per cent in excess of such loans. All the loans herein provided for shall 
be made for the period of one year: Provided, That in case the interest is promptly 
paid and the security remains unimpaired the board may, in their discretion, per- 
mit the loan to stand for a period of not longer than ten years. Upon the payment 
of any loan or of any bonds the principal shall again be loaned or invested in like 
manner as in this section provided. 

Laws, 1901, act of February 6, 1901: Section 1. The sum of $20,000 be, and the 
same is hereby, appropriated, out of the general fund in the treasury not othervsdse 
appropriated, for repairs, buildings, and improvements necessary and convenient 
for said State Agricultural College, and that the secretary of state be, and he is 
hereby, authorized and directed to draw a warrant on the treasurer of state in 
favor of the treasurer of the board of regents of said State Agricultural College 
for said sum. 

Sec. 2. In computing the araotmt of revenue necessary for State purposes the 
governor, secretary of state, and State treasurer, acting jointly, shall, in each 
year, at the time they compute the amount of revenue necessary for other State 
purposes, also compute the sum of $25,000 for the annual support and benefit of 
the State Agricultural College, which shall be levied and collected in the same 
manner as other taxes for State purposes are levied and collected; and the fund 
arising therefrom shall be paid into the State treasury and kept separate from 
other funds, and shall be kno^vn as the State Agricultural College fund. This 
fund shall be paid out only on warrants drawn by the secretary of state on the 
State treasurer against said fund. This fund shall be a continuing fund, and if 
the amount raised in any year shall not be used for current expenses, etc., as 
herein provided, during that year, the balance remaining in the hands of the 
treasurer shall be carried over to the next year and added to the fund for that 
year. 

Sec. 3. The said fund shall be drawn quarterly by the treasurer of the board of 
regents, and may be used for the purposes of paying the current expenses of said 
college, the salaries of professors and instructors, and wages of employees; of mak- 
ing additions to the library and apparatus, for buildings, improvements, and repairs, 
and for the purchase of additional land needed for the use of said college. 

Sec. 4. An act of the legislative assembly of the State of Oregon, * * * 
approved October 20, 1882 [laws of 1882, above], be, and the same is hereby, 
repealed. 

Sec. 5. Section 2 of an act of the legislative assembly of the State of Oregon, 
* * * approved February 18, 1889 [laws of 1889, above], be, and the same is 
hereby, repealed, but this repeal shall not affect the appropriation of |10,000 [for 
the years 1901 and 19021 made at the present session under and by ^drtue of the 
pro^asions of said section of said act. 

Laws, 1901, act of February 33, 1901: Section 1. The State land board * * * 
be, and they are hereby, authorized, empowered, and directed to transfer and con- 
vey, by a good and sufficient deed of conveyance, to the State Agricultural College all 
of the right, title, and interest of the State of Oregon of, in, and to the foUovnng- 
described premises, to wit: All of the east half of the northeast quarter of section 
23 and the west half of the northwest quarter of section 24, lying and being south 
of the Union Railway Company's railroad, except a strip of land 1 rod wide along 
the east side of the west half of the northwest quarter of said section 24 reserved 
as a roadway; also all the east half of the west half and the west half of the east 
half of said section 24, and the west half of the northeast quarter and the east 
half of the northwest quarter of section 35, all of said tracts of land lying and 



174 EDUCATION EEPORT, 1903. 

being in township 4 south of range 39 east of the Willamette meridian, in Union 
County, Oreg., together with the tenements, hereditaments, and appurtenances 
thereunto belonging. 

Sec. 2. The board of regents of the State Agricultural College shall, as soon as 
possible after the passage and approval of this act, select a site on said land for 
the erection of an experiment station, and shall immediately thereafter erect and 
construct thereon the buildings requisite and necessary for an experiment station 
and furnish and equip the same ready for use: Provided, however, That the 
amount expended to erect, construct, furnish, and equip such buildings, and for 
agricultural experiments in eastern Oregon, shall in no event be in excess of the 
sum appropriated for such purposes. 

Sec. 3. There is hereby appropriated out of the general fund the sum of $10,000 
for the purpose of erecting, constructing, furnishing, and equipping the said 
buildings, and the secretary of state be, and he is hereby, aiithorized and directed 
to audit all claims presented by the board of regents of the State Agricultural 
College for the expenses incurred in the said erection, construction, furnishing, 
and equipping of said buildings and for agricviltural experiments in eastern Oregon, 
and, if allowed, to draw a warrant therefor in favor of the treasurer of said agri- 
cultural college: Provided, however. That the warrant or warrants drawn for 
these purposes shall not singly nor in the aggregate exceed the sum of $10,000, 
and no claim shall be allowed by the secretary of state in excess of said sum of 
$10,000. 

Sec. 4. All revenues derived from said lands not necessarily used in connection 
with said experiment station may be used by the board of regents of said agri- 
cultural college in the improvement of the property herein referred to, and for 
repairs thereto, and for the use and benefit of said experiment station, its build- 
ings, furniture, and equipment, and for agricultural experiments in eastern Ore- 
gon, and not otherwise. 

Laws, 1903, act of February 21, 1903: SectionI. There be, and is hereby, appro- 
priated out of the general fund the sum of $20,000 for the purchase of such stock 
as may be necessary for experimental feeding purposes; for the erection of build- 
ings; for the provision of scientific apparatus and tools; for draining, tiling, and 
improving land, and for all other purposes necessary for the conducting and 
developing of agricultural experiments in eastern Oregon, to be expended under 
the authority and authorization of the board of regents of the State Agricultural 
College of Oregon. 

Laws, 1903, act of February 24, 1903: Section 1. [Appropriates] for the pay- 
ment of the deficiency incurred in the maintenance of the State Agricultural Col- 
lege during the years 1901 and 1902, for which the past appropriation was insuf- 
ficient, for finishing and furnishing new buildings, and for the general repairs, 
improvements, etc., at the State Agricultural College at Corvallis, $15,000. 

Sec. 3. No indebtedness shall be incurred or warrants drawn in excess of the 
amounts herein specified, and in the case of the university [of Oregon] , Stat© 
Agricultural College, and normal schools the boards of regents of said institutions, 
respectively, are hereby severally and collectively made responsible and shall be 
held personally liable in an action therefor to the State of Oregon for any expend- 
itures in excess of the sums hereby appropriated for their respective institutions: 
Provided, The State officers, being ex officio members of said boards of regents, 
are hereby exempted from such personal liability. 



PENNSYLVA.NIA. 

Laws, 1855, No. 50: Section 1, There be, and is hereby, erected and established, 
at the place which shall be designated by the authority and as hereinafter pro- 
vided, an institution for the education of youth in the various branches of science, 
learning, and practical agriculture, as they are connected with each other, by the 
name, style, and title of the Farmers' High School of Pennsylvania. « 

Sec. 2. The said institution shall be under the management and government of 
a board of trustees, of whom there shall be 13, and 7 of whom shall be a quorum, 
competent to perform the duties hereinafter authorized and required. 

Sec. 3. The governor, secretary of the Commonwealth, the president of the 

a The name v/as changed to Agricultural College of Pennsylvania May 1, 1862, by order of the 
court of quarter sessions of Center County, Pa., and to Pennsylvania State College January 26, 
1874, by order of the court of common pleas of Center County, Pa. 



LAWS KELATING TO LAJSTD-GRANT COLLEGES. 175 

Pennsylvania State Agricxiltural Society, and the principal of the institntion shall 
each be ex officio a member of the board of trustees, and they, with [nine others 
named] shall constitute the first board of trustees, which said trustees and their 
successors in office are hereby erected and declared to be a body politic and cor- 
porate in law, with perpetual succession, by the name, style, and title of the 
Farmers' High School of Pennsylvania, by which name and title the said trustees 
and their successors shall be able and capable in law to take by gift, grant, sale, 
or conveyance, by bequest, devise, or otherwise, any estate in any lands, tene- 
ments, and hereditaments, goods, chattels, or effects, and at pleasure to alien or 
otherwise dispose of the same to and for the uses and purposes of the said institu- 
tion: Provided, however, That the annual income of the said estate so held shall 
at no time exceed $25,000, and the said corporation shall by the same name have 
power to sue and be sued and generally to do and transact all and every business 
touching or concerning the premises, or which shall be necessarily incidental 
thereto, and to hold, enjoy, and exercise all such powers, authorities, and juris- 
diction as are customary in the colleges within this Commonwealth. 

Sec. 4. The same trustees shall cause to be made a seal, with such devices as 
they may think proper, and by and with which all the deeds, diplomas, certificates, 
and acts of the institution shall be authenticated, and they may at their pleasure 
alter the same. 

Sec. 5. At the first meeting of the board of trustees the nine named who are not 
ex officio members shall by themselves and by lot be divided into three classes of 
three each, numbered 1,2, and 3. The appointment hereby made of class No. 1 shall 
terminate on the first Monday of October, 1856; No. 2 on the first Monday of 
October, 1857, and No. 3 on the first Monday of October, 1858; and upon the' ter- 
mination of the office of such directors, to wit, on the first Monday of October in 
every year, an election shall be held at the institution to supply their place, and 
such election shall be determined by the votes of the members of the executive 
committee of the Pennsylvania State Agricultural Society and the votes of three 
representatives duly chosen by each county agricultural society in this Common- 
wealth which shall have been organized at least three months preceding the time 
of election, and it shall be the duty of the said board of trustees to appoint two of 
their number as judges, to hold the said election, to receive and coiint the votes 
and return the same to the board of trustees, with their certificate of the number 
of votes cast and for whom, whereupon the said board shall determine who have 
received the highest number of votes and who are thereby elected. 

Sec. 6. On the second Thursday of June after the passage of this act the board 
of trustees who are hereby appointed shall meet at Harrisburg and proceed to the 
organization of the institution and selection of the most eligible site within the 
Commonwealth of Pennsylvania for its location, where they shall purchase or 
obtain by gift, grant, or otherwise, a tract of land containing at least 200 acres 
and not exceeding 2,000 acres, upon which they shall procure such improvements 
and alterations to be made as will make it an institution properly adapted to the 
instruction of youth in the art of farming, according to the meaning and design 
of this act. They shall select and choose a principal for the said institution, who, 
with such scientific attainments and capacity to teach as the board shall deem 
necessary, shall be a good, practical fai-mer; he, with such other persons as shall 
from time to time be employed as teachers, shall compose the faculty, under 
whose control the immediate management of the institution and the instruction 
of all the youth committed to its care shall be, subject, however, to the revision 
and all orders of the board of trustees. There shall be a quai'terly meeting of the 
board of trustees at the institution and as much oftener as shall be necessary and 
they shall determine. The board shall have power to pass ail such by-laws, ordi- 
nances, and rules as the good government of the institution shall require, and 
therein to prescribe what shall be taught to and what labor performed by the 
pupils and generally to do and perform all such administrative acts as are usually 
performed by and within the appropriate duty of a board of trustees, and shall, 
by a secretary of their appointment, keep a minute of the proceedings and action 
of the board. 

Sec. 7. It shall be the duty of the board of trustees, as soon and as often as the 
exigencies of the institution shall require, in addition to the principal, to employ 
such other professors, teachers, or tutors, as shall be qualified to impart to pupils 
under their charge a knowledge of the English language, grammar, geography, 
history, mathematics, chemistry, and such other branches of the natural and exact 
sciences as will conduce to the proper education of a farmer; the pupils shall them- 
selves, at such proper times and seasons as shall be prescribed by the board of 
trustees, perform all the labor necessary in the cultivation of the farm, and shall 
thus be instructed and taught all things necessary to be known by a farmer, it 



176 EDUCATION EEPOET, 1903. 

being the design and intention of this act to establish an instit tition in which yonth 
may be so educated as to fit them for the occupation of a farmer. 

Sec. 8. The board of trustees shall annually elect a treasurer, who shall receive 
and disburse the funds of the institution, and perform such other duties as shall 
be required of him, and from whom they shall take such security for the faithful 
performance of his duty as necessity shall require; and it shall be the duty of the 
said board of trustees, annually, on or before the 1st of December, to make out a 
full and detailed account of the operations of the institution for the preceding year 
and an account of all its receipts and disbursements, and report the same to the 
Pennsylvania State Agricultural Society, who shall embody said report in the 
annual report which by existing laws the said society is bound to make and trans- 
mit to the legislature on or before the first Monday of January of each and every 
year. 

Sec. 9. It shall be lawful for the Pennsylvania State Agricultural Society to appro- 
priate out of their ftmds to the object of this act a sum not exceeding $10,000 
whenever the same shall be required, and to make such further appropriation, 
annually, out of their funds as will aid in the prosecution of this object, and it 
will be the duty and privilege of the said society, at such times as they shall deem 
expedient by their committees, officers, or otherwise, to visit the said Institution 
and examine into the details of its management. (February 22, 1855.) 

[The act of February 23, 1855, was amended by the court of common pleas of Center County, 
Pa., October 22, 1875, as follows: 

1. That the time for holding the annual election for and annual meeting of the trustees of the 
institution be fixed for the Wednesday next preceding the Friday immediately preceding the 
4th day of July in each and every year. 

2. That the number of trustees of said institution be fixed at 23 instead of 13, and that the said 
board of trustees be constituted as follows: The governor, the secretary of the Commonwealth, 
the secretary of internal affairs, the adjutant-general, the superintendent of public instruction, 
the president of the State agricultural society, the president of the Franklin Institute of Penn- 
sylvania, and the president of the institution shall be ex officio membei's of the board. The 
remaining members— to wit, 15— shall be elected in manner following, to wit: Three by the 
alumni of the institution and the remaining 12 by a body of electors composed of the execu- 
tive committee of the Pennsylvania State Agricultural Society, the managers of the FrankUn 
Institute of Pennsylvania, 3 representatives duly chosen by each county agricultural society 
in this Commonwealth which shall have been organized at least three months preceding the 
time of election, and 3 representatives duly chosen by each association^ not exceeding 1 in each 
county of the Commonwealth, which shall have for its principal ob.iect the promotion and 
encouragement of the mining and manufacturing interests of the Commonwealth and the 
mechanic and useful arts, and which shaU in like manner have been organized at least three 
months preceding the time of election. 

******* 
5. That so much of the seventh section of the act of the assembly approved February 22, 1855, 
as provides "that the pupils shall themselves, at such proper times and seasons as shall be pre- 
scribed by the board of trustees, perform all the labor necessary in the cultivation of the farm, 
and shall thus be instructed and taught all things necessary to be known by a farmer, it being 
the design and intention of this act to establish an institution in which youth may be so edu- 
cated as to fit them for the occupation of a farmer," be so changed and modified as to require 
the students of the said institution to perform so much labor as shall from time to time be pre- 
scribed by the board of tmstees and shall best carry out the design of the institution in pro- 
moting "the liberal and practical education of the industrial classes in the several pursuitsand 
professions in life."— Prom report of committee of the legislatui'e to investigate the affairs of 
the Pennsylvania State College, 1883.1 

Laws, 1857, No. 658: SectionI. The sum of $25,000 be, and is hereby, appropriated 
to the Farmers' High School of Pennsylvania, to be paid out of any moneys in the 
treasury not otherwise appropriated: Provided, That the admissions to said school 
from the several counties shall be in proportion to their number of taxables, 
respectively, if such number shall apply. 

Sec. 3. The ftirther sum of $35,000 be, and is hereby, appropriated to said insti- 
tution, to be paid as hereinafter provided. 

Sec. 3. Whenever it shall appear to the satisfaction of the governor that said 
high school shall have received from some other source or "soiu'ces $1,000 or 
upward, the State treasurer shall pay to said school an equal sum, independent 
of the appropriation made in the first section, and so on until a sum not exceeding 
$35,000, in addition to the preceding appropriation, shall have been appropriated 
to said school: Provided, That the said sum of $25,000 shall be subscribed within 
three years from the passage of this act. [Time extended to May 20, 1863, by act 
approved April 3, I860.] 

* * * * * -» * 

Sec. 5. There shall be established in connection with the institution an office 
where correct and perfect analysis shall be made, without charge, of all soils and 
manures which shall be sent by citizens of this Commonwealth for that purpose 
and a correct report returned of the result of said analysis, accompanied with 
such information as may be useful in the case. 

Sec. 6. The said corporation shall furnish reports of the result of all expert- 



LAWS EELATIFG TO LAND-GEANT COLLEGES. 177 

). 

ments made with trees, shrubs, plants, seeds, soils, and the breeding and rearing 
of stock to at least one newspaper in each county in the Commonwealth for pub- 
lication, the same to be furnished monthly or immediately after the results of the 
investigations are known, (May 20, 1857.) 

Laws, 1859, No. 165: Section 1. At all future meetings of the board of titistees 
of the Farmers' High School of Pennsylvania five members thereof shall consti- 
tute a quorum competent for the transaction of business. 

Sec, 2. It shall be unlawful for the court of quarter sessions of Center County 
to grant a license to any person or persons for the sale of ardent spirits or malt 
liquors at any place within 2 miles of the Farmers' High School of Pennsylvania, 
located in the said coiinty. 

Sec. 3. The superintendent of the Pennsylvania State Lunatic Hospital be, and 
he is hereby, directed to deliver to the trustees of the Farmers' High School of 
Pennsylvania, to be arranged for exhibition and use in the museum of the said 
school, the cabinets of mineralogical and geological specimens belonging to the 
State, which were placed in the care of the said superintendent by the secretary 
of the Commonwealth, in compliance with a resolution approved February 15, 
1855. (March 17, 1859.) 

Laws, 1861, No. 367: Section 1. [Appropriates $49,900 for building purposes.] 

Laws, 1863, No, 227: Section 1. The act of the Congress of the United States 
passed July 2, 1862, * * * be, and the same is hereby, accepted by the State 
of Pennsylvania, with all its provisions and conditions, and the faith of the State 
is hereby pledged to carry the same into effect. 

Sec, 2, The surveyor-general of the State of Pennsylvania is hereby authorized 
and required to do every act and thing necessary to entitle this State to its dis- 
tributive share of land scrip, under the provisions of the said act of Congress, and 
when the said scrip is received by him to dispose of the same under siich regula- 
tions as the board of commissioners, hereafter appointed by this act, shall prescribe. 

Sec, 3. The governor, auditor-general, and the surveyor-general are hereby con- 
stituted a board of commissioners, with full power and authority to make all 
needful rules and regulations respecting the manner in which the surveyor-general 
aforesaid shall dispose of the said land scrip, the investment of the proceeds thereof 
in the State stocks of this State, and apply interest arising therefrom as herein 
directed, and in general to do all and every act or acts necessary to carry into full 
effect the said act of Congress: Provided, That no investment shall be made in 
any other stocks than those of the United. States or of this Commonwealth, 

Sec, 4. Until otherwise ordered by the legislature of Pennsylvania, the annual 
interest accruing from any investment of the funds acquired under the said act of 
Congress is hereby appropriated, and the said commissioners are directed to pay the 
same to the Agricultural College of Pennsylvania, for the endowment, support, 
and maintenance of the said institution, which college is now in full and success- 
ful operation, and where the leading object is, without excluding other scientific 
and classical studies, and including military tactics, to teach stich branches of 
learning as are related to agriculture and the mechanic arts. 

Sec. 5, The said Agricultural College of Pennsylvania shall, on or before the 
1st day of February of each year, make report to the legislature of the receipts 
and expenditures of said institution for the preceding year. (April 1, 1863.) 

Laws, 1866, No. 88: Section 1. The third section of the act * * * passed April 
1, 1863 [above] , shall be so construed as to authorize the governor, auditor- general, 
and surveyor-general as commissioners, in the performance of the duties devolved 
upon them by the said act, to direct the payment of the expenses of disposing of 
the said land scrip out of any money in the treasury not otherwise appropriated: 
Provided, That no more than one-third of the distributive shares of the said land 
scrip donated to this State shall be sold under the provisions of this act. 

Sec. 2. The board of trustees of the Agricultural College of Pennsylvania be, 
and they are hereby, authorized to borrow a sum of money not exceeding $80,000, 
at a rate of interest not exceeding 7 per cent, and taxes, with which to pay and 
consolidate all the debts of the institution, and to secure the same by a mortgage 
upon the property thereof. (April 11, 1868.) 

Laws,1867,No. 9: Section 1. The proviso to the first section of the act * * * 
approved April 11, 1866 [above], be, and the same is hereby, repealed. 

Sec. 2. The one-tenth part of the entire proceeds of the lands donated by Con- 
gress to the State of Pennsylvania by the act of July 2, 1862, in trust, and 
accepted by the act of April 1, 1863, to which this is a supplement, be, and is 
hereby, appropriated, and the commissioners under the said act of April [1] , 1863, 
are directed to pay the same to the Agricultural College of Pennsylvania, to be 
expended in the purchase of lands for experimental farms. 

ED 1903 12 



178 EDUCATION EEPORT, 1903. 

Sec. 3. The interest and income of the entire residue of the proceeds of the said 
lands be, and are hereby, appropriated, and the commissioners under the said act 
are also hereby directed to pay the same, as it shall accrue, to the Agricultural 
College of Pennsylvania, for the endowment, support, and maintenance thereof, 
on condition that the trustees establish, conduct, and maintain in connection with 
the college three experimental farms; one near the college, under the immediate 
supervision of the professor of agriculture in the institution, another east, and 
the other west, upon lands of diversified quality, under the immediate supervision, 
respectively, of an assistant professor of agriculture. (February 19, 1867.) 

Laws, 1872, No. 31: SegtionI. The surveyor-general be, and is hereby, authorized 
and directed to sell all the present bonds held by him in trust for the agricultural 
college land-scrip fund and pay the proceeds of the sale of the same to the State 
treasurer for the use of the sinking-fund commissioners. 

Sec. 2. The governor, auditor-general, and State treasurer are authorized to 
issue a registered bond of this Commonwealth for the sum of $500,000, payable to 
the agricultural college land-scrip fund of Pennsylvania, after fifty years from 
February 1, 1872, with interest on the same at the rate of 6 per cent per annum, 
to be paid semiannually on the 1st of February and August of each year, and 
deliver the said bond to the State treasurer for the uses and purposes declared by 
law. 

Sec. 3. It shall be the duty of the State treasurer to hold said bond in trust for 
the agricultural college land-scrip fund of Pennsylvania and to pay the interest 
accruing thereon semiannually to the Agricultural College of Pennsylvania accord- 
ing to the several acts of assembly in relation thereto. 

Sec. 4. The board of commissioners for the sale of agricultural college land 
scrip be, and the same is hereby, abolished, and the surveyor-general is directed 
to place in the hands of the State treasurer the book of accounts and vouchers 
relating to the agricultural college land-scrip fund now in his custody. (April 
3, 1872.) 

Laws, 1878, No. 219: Section 1. [A.ppropriates $80,000 to pay off mortgage on 
the property of the Agricultural College of Pennsylvania.] 

Sec. 3. The State treasurer shall not disburse any of the moneys herein appro- 
priated until satisfactory proof has been made to him that the following reduc- 
tions have been made in the salaries of all officers and employees in said institu- 
tion, namely, 10 par cent on all salaries between $800 and $1,500 and 15 per cent 
on all salaries over $1,500. (June 12, 1878.) 

Laws, 1887, No. 50: Section 1. The trustees of the said the Pennsylvania State 
College, are hereby authorized to sell the farms commonly known as the eastern 
and western experimental farms, or either of them, at the highest price at which 
they can be sold, at public or private sale, as a whole or in parcels, after at least 
sixty days' notice of such sale being given weekly in two of the newspapers pub- 
lished in the county where such farm is located. The proceeds of such sale shall 
be paid by said trustees into the State treasury, with satisfactory evidence to the 
governor and treasurer that such sale was conducted in good faith, according to 
the reqiiirements of this act, and shall there be held as a special fund, to be invested 
in the bonds of the State, or otherwise, the interest on which, at 6 per cent per 
annum, shall be paid by the State treasurer, in equal quarterly installments, on 
the 1st day of January, April, July, and October in each and every year, to the 
said trustees of the State College, to be used by them for the sole and exclusive 
purpose of maintaining a mechanical workshop and chemical laboratories, and of 
conducting educational and scientific experiments on the experimental farm 
located at the State College, and laboratory tests and investigations connected 
therewith, and the principal of said proceeds is hereby inviolably appropriated 
and set apart as and for the uses herein prescribed: Provided, That before any 
portion of the income thereof shall be paid to the said trustees they shall execute 
and file -wdth the secretary of the Commonwealth an agreement to expend the 
whole of such income in the manner and for the purposes herein designated, and 
shall annually make to the governor a full statement of their income and expendi- 
tures under this head: And provided further, That nothing contained in this act 
shall bo construed to release the said trustees from the obligation to maintain a 
well-equipped experimental farm near the college, as now required by law, or to 
impair or modify any other obligation or agreement now existing between the 
State of Pennsylvania and said State College, except as herein expressly provided. 
(May 13, 1887.) 

Laws. 1887, No. 223: Section 1, [Appropriates $68,000 for buildings, $22,500 
for apparatus, books, and equipment, and $9,500 for repairs, etc.] 

Sec. 2. [Appropriates $3,000 per annum for four years for the agricultural 
experiment station.] (June 3, 1887.) 



LAWS DELATING TO LAND-GEANT COLLEGES. 179 

Laws, 1889, No. 52: Section 1. The assent of the Commonwealth of Pennsyl- 
vania is hereby given to the said act of Congress approved March 3 [2] , 1887, with 
all its provisions and conditions, and the Pennsylvania State College is hereby 
designated as the proper institution, nnder the provisions of said act of February 
19, 1867 [of the legislature of Pennsylvania], to receive all appropriations made 
or to be made by Congress for the purpose of carrying into effect said act or any 
supplement or supplements thereto. (April 25, 1889.) 

Laws, 1889, No. 312: Section 1. [Appropriates $95,500 for buildings, $18,700 for 
apparatus and equipment, and $12,800 for repairs, etc.] (May 25, 1889.) 

Laws, 1891, No. 67: Section 1. The assent of the Commonwealth of Pennsyl- 
vania is hereby given to said act of Congress approved August 30, 1890, with all 
its provisions and conditions, and the Pennsylvania State College is hereby desig- 
nated as the pi'oper institution, under the provisions of said act of February 19, 
1867 [of the legislature of Pennsylvania] , to receive all appropriations made or to 
be made by Congress for the purpose of carrying into effect said act or any sup- 
plement or supplements thereto. 

Sec. 2. The State treasurer is hereby authorized and directed to record in his 
office the receipt of any and all appropriations received from the United States 
under said act of Congress, and to transfer the same immediately to the treasurer 
of the Pennsylvania State College, as required by said act approved August 30, 
1890. 

Sec. 3. All acts and parts of acts inconsistent herewith be, and the same are 
hereby, repealed , and the secretary of the Commonwealth is hereby directed to for- 
ward one certified copy of this act to the Secretary of the Treasury of the United 
States and one to the United States Secretary of the Interior. (May 20, 1891.) 

Laws, 1891, No. 291: [Appropriates $114,500 for buildings, $19,000 for appa- 
ratus and equipment, and $17,000 for repairs, etc.] (June 19, 1891.) 

Laws, 1893, No. 243: [Appropriates $33,000 for maintenance, $37,500 for equip- 
ment, and $20,220 for repairs, etc.] (Junes, 1893.) 

Laws, 1893, No. 239: Section 1. The secretary of the State board of agriculture 
shall be ex officio a member of the board of agriculture and of the board of 
trustees of the Pennsylvania State College. (June 2, 1893.) 

Laws, 1895, No. 440: [Appropriates $110,006.73 for buildings, $52,000 for main- 
tenance, $20,500 for apparatus and equipment, and $29,755.50 for repairs, etc.] 
(July 3, 1895.) 

Laws, 1897, No. 353: [Appropriates $63,200 for maintenance, $13,250 for appa- 
ratus and equipment, and $10,882.50 for repairs, etc.] (July 22, 1897.) 

Laws, 1899, No. 319: [Appropriates $39,250 for maintenance, $12,000 for fuel, 
and $4,051.90 for insurance.] (May 13, 1899. ) 

Laws, 1901, No. 503: [Appropriates $15,000 for fuel, $58,750 for maintenance, 
$10,707.74 for repairs, etc., and $500 for furniture.] (July 18, 1901.) 

Laws, 1903, No. 432: [Appropriates $151,805.55.] (May 15, 1903.) 



RHODE ISLAND. 

Acts and resolves, January session, 1863, Public resolution No. 2: Resolved, the 
senate concurring with the house in the passage hereof, That the general assem- 
bly of the State of Rhode Island does hereby express its acceptance in behalf of 
the State of the benefit of the provisions of Chapter CXXX of the Statutes of the 
United States passed at the second session of the Thirty-seventh Congress and 
approved July 2, 1862, donating public lands to the several States and Territories 
which may provide colleges for the benefit of agriculture and the mechanic arts 
upon the terms and conditions in the said act contained and set forth, and that 
the faith of the State be, and is hereby, pledged to the United States that upon 
the receipt of the scrip provided to be issued under the said act of Congress it 
will faithfully apply the proceeds thereof to the objects and in the manner pre- 
scribed by this act. 

Resolved, That his excellency the governor be, and he hereby is, requested to 
notify the President of the United States without delay of the accepting by the leg- 
islature of this State of the donation of scrip for 120,000 acres of the public lands 
of the United States (that quantity being 30,000 acres for each Senator and Repre- 
sentative in Congress from this State) , made by the provisions of Chapter CXXX 
of the Statutes of the United States approved July 2, 1862, * * * upon the 
terms and conditions in the said act contained and set forth, and to furnish at the 
same time a copy of said notification to the Secretary of the Interior. 



180 EDUCATION KEPOET, 1903. 

Resolved, That his excellency the governor be, and he hereby is, f tally authorized 
and empowered by himself or his order to receive from the Secretary of the Interior 
or any other person authorized to issue the same the land scrip to which this State 
is entitled tinder the provisions of Chapter CXXX of the Statutes of the United 
States, passed at the second session of the Thirty-seventh Congress and approved 
July 3, 1863, * * * and to hold the said scrip subject to the futtu-e order of 
this general assembly. [By a resoltttion passed at this same session Brown Uni- 
versity was made the beneficiary of the land-scrip fund and remained so until 1894.] 

Acts and Resolves, January session, 1887, Resolve No. 18: The State of Rhode 
Island hereby assents to and accepts the provisions and purposes of the act passed 
by the Forty-ninth Congress of the United States and approved March 3 [3] , 1887, 
entitled, etc. (March 31, 1887.) 

Acts and Resolves, January session, 1888, chapter 706: Section 1. The sum of 
$5,000 is hereby appropriated to be paid out of the treasury for the purpose of 
establishing a State agricultural school. 

Sec. 3. The governor shall, with the advice and consent of the senate, appoint a 
board of five managers, who shall be practical agriculturists. One member of said 
board shall be appointed from each county, who shall manage and control the 
State agricultural school. The members of said board first appointed shall hold 
their offices one for one year, one for two years, one for three years, one for four 
years, and one for five years, and until their successors shall be qualified to act. 
In every year hereafter there shall be one member of said board appointed for the 
term of five years. In case of a vacancy in said board such vacancy shall be filled, 
if the general assembly be in session, by the governor, with the advice and con- 
sent of the senate; if not in session, by the governor until the next session of the 
general assembly, when, as soon as may be, an appointment shall be made by the 
governor, with the advice and consent of the senate, to fill such vacancy, and 
the person so appointed shall hold his office for the remainder of the unexpired 
term. 

Sec. 3. The said board of managers shall establish a system of .governmen.t for 
said school, and shall make all necessary rules and regulations for receiving 
students and giving instruction on agricultural and kindred subjects. They 
may establish rates of tuition. They shall appoint such officers, teachers, and 
employees as shall be necessary, and prescribe their duties and fix their compen- 
sation. They shall report annually to the general assembly at the January session. 

Sec. 4. Any sum which shall be received by the State by virtue of any act of 
Congress for the promotion of agriculture shall be appropriated to the use of said 
board for the puri)ose for which said sum is appropriated. (March 33, 1888.) 

Public Laws, January session, 1893, chapter 1078: Section 1. The present board 
of managers of the State agricultural school and their successors, for the terms 
for which they have been or for which they hereafter may be appointed or elected 
as such managers, are hereby declared to be a body politic and corporate for the 
pttrpose of continuing and maintaining said State agricultural school as a college 
where the leading object shall be, withotit excluding other scientific and classical 
studies, and including military tactics, to teach such branches of learning as are 
related to agriculture and the mechanic arts in order to promote the liberal and 
practical education of the indttstrial classes in the several pursuits and professions 
of life, as provided in the act of the Congress of the United Statesapproved July 3, 
1863, * * ■* and for the purpose of con tintiing and maintaining an agricultural 
experiment station as a department of said college under and in accordance with 
and to carry out the purposes of the act of Congress approved March 2, 1887, 
* * * by the name of Rhode Island College of Agriculture and Mechanic Arts, 
with all the powers and privileges and subject to all the duties and liabilities set 
forth in chapter 153 of the Public Statutes and in any acts in amendment thereof 
or in addition thereto. 

Sec. 2. Said college and experiment station shall, until otherwise ordered, be 
located in the town of South Kingstown, upon the estate now occtipied by said State 
agricultural school and experiment station. And all moneys hereafter received 
under said act of Congress approved March 3, 1887, and under the act of Congress 
approved August 30, 1890, * * * and all other moneys which shall be received 
by the State for the promotion of agriculture or the mechanic arts under or by 
virtue of any act of Congress shall, as and when received, be paid over to the 
treasurer for the time being of said college corporation, to be used and applied 
and accounted for by the managers and officers of said corporation for the time 
being, as required by the several acts of Congress under which the same are- 
received. And the managers and officers of said corporation shall perform all 
the duties and make and publish, distribute and render all bulletins and reports 
required by said acts of Congress or by any acts in amendment thereof or supple- 



LAWS EELATING TO LAND-GKANT COLLEGES. 181 

mentary thereto, and shall also report to the general assembly annually at its 
January session. 

Sec. 3. The said members of the present board of managers of the State agri- 
cultural school are hereby created and declared to be the board of managers of 
said college corporation, and their respective terms of office shall expire at the 
same times as they would have expired xmder the provisions of said act, chapter 
706, to which this act is in amendment. And all future raembers of said board 
of managers of said college corporation and all future vacancies in said board 
shall be appointed and filled in the manner provided by section 2 of said chapter 
706, except that the words "who shall be practical agriculturists," in said section 
3, are hereby repealed; and every future member of said board shall be a domi- 
ciled inhabitant of the same county as was the retiring member of the board 
whose place he is appointed to fill. 

Sec. 4. Said board of managers shall annually elect one of their own number 
to be president of the board, who shall also be president of the coi-poration, and 
shall continue in office until his successor is elected. They shall also from time 
to time appoint a treasurer and a clerk, who shall also be officers of the corpora- 
tion, and who may be, but need not necessarily be, the same person or members of 
the board, and who shall hold their respective offices at the pleasure of the 
board The treasurer before entering upon his office shall give bond to the State 
for the faithful discharge of his duties, in form to be approved by the attorney- 
general, in a penal sum to be fis:ed by the said board of managers, and with 
surety or sureties to be approved by the governor, such bond to be filed and to 
be kept on file in the office of the secretary of state, and which bond shall be 
renewed whenever required by the board of managers or by the governor. And 
the treasurer shall make a full detailed report annually to the general assembly 
at its January session of all his receipts and expenditures, properly audited by 
the board of managers or a committee thereof. 

Sec. 5. Said board of managers shall have the general care and management of 
said estate in South Kingstown and of said college and experiment station, and 
may employ such professors, teachers, and other persons in and about the same, and 
prescribe their duties and fix their compensation, and from time to time make rules 
and regulations for their government, and may also make by-laws, rules, and reg- 
ulations to govern their own meetings and proceedings. Said board of managers 
shall from time to time appoint the faculty of said college; and such faculty shall 
from time to time arrange the courses of study, conforming to said acts of Con- 
gress in this behalf, and prescribe such qualifications for admission of students, 
and such riiles of study, exercise, discipline, and government as they shall deem 
proper; they may also grant academical degrees and diplomas appropriate to the 
courses of study to those students of good moral character who shall have pursued 
the prescribed courses and passed satisfactory examinations. (May 19, 1892.) 

[From 1893 to 1899, both inclusive, the general assembly appropriated annually 
$10,000 to the college of agriculture and mechanic arts. An act passed May 
24, 1899, provides: " The sum of $15,000 is hereby annually appropriated for the 
purpose of defraying the expenses of said college corporation, the same to be 
expended under the direction of the managers and officers of said corporation for 
the time being."] 



SOUTH CAROLINA. 

Constitution (1895), Article XI: Sec. 8. The general assembly may provide for 
the maintenance of Clemson Agricultural College, * * * as now established 
by law, and may create scholarships therein. The proceeds realised from the land 
scrip given by the act of Congress passed July 2, 1882, for the support of an agri- 
cultural college, and any lands or funds which have heretofore been or may here- 
after be given or appropriated for educational purposes by the Congress of the 
United States, shall be applied as directed in the acts appropriating the same: 
Provided, That the general assembly shall, as soon as practicable, wholly separate 
Claflin College from Claflin University and provide for a separate corps of pro- 
fessors and instructors therein, representation to be given to men and women of 
the negro race: and it shall be the Colored Normal, Industrial, Agricultural, and 
Mechanical College of this State. 

[The following matter is taken from Code of Laws of South Carolina, 1902. 2 vols., Colxunbia, 
S. C., 1902.] 

Sec. 1293. There shall be established within this State a normal, industrial, 
agricultural, and mechanical college for the higher education of the colored youth 



182 EDUCATION" REPORT, 1903. 

of the State, and the said college shall be known as the " Colored Normal, Indus- 
trial, Agricultural, and Mechanical College of South Carolina." 

The Colored Normal, Industrial, Agricultural, and Mechanical College of South 
Carolina shall be a branch of the State University, but shall be under the manage- 
ment and control of a separate board of trustees, composed of seven members, six 
of vphom shall be elected by the general assembly, whose term of office shall be 
six years. But the general assembly shall at its present session elect two of said 
trustees for two years, two for four years, and two for six years, so that two of 
them shall go out of office every two years. The governor of the State shall be 
ex officio the seventh member of said board of trustees. (March 3, 1896.) 

Sec. 1294. The board of trustees of the Colored Normal, Industrial, Agricul- 
tural, and Mechanical College of South Carolina are hereby fully authorized and 
empowered to take charge of, manage, and control all of the real and personal 
property belonging to Claflin College, in whosesoever hands or custody the same 
may be now or hereafter found, and shall hold the same in trust for the benefit 
and uses of the said Colored Normal, Industrial, Agricultural, and Mechanical 
College of South Carolina. (March 3, 1896.) 

Sec. 1295. The board of trustees of the Colored Normal, Industrial, Agricul- 
tural, and Mechanical College of South Carolina shall have, and are hereby given, 
full and ample power to do and to perform any and all acts whatsoever necessary 
to effect a complete and final separation of the interests of the State from those 
of Claflin University, and, if found necessary to protect or promote the interests of 
the State, the authority here given shall authorize said trustees to sell, purchase, 
or exchange real estate. 

The Colored Normal, Industrial, Agricultural, and Mechanical College of South 
Carolina shall have all the rights and privileges possessed by Claflin College, and 
be entitled to receive all the funds set apart for the support of Claflin College 
under the acts of the general assembly of this State, and the said college shall for- 
ever be and remain free and separate from Claflin University and all other colleges, 
schools, or other institutions which are wholly or in part under the direction or 
control of any church or religious or sectarian denomination or society. (March 
3,1896.) 

Sec. 1296. The board of trustees of the Colored Normal, Industrial, Agricultural, 
and Mechanical College of South Carolina are authorized and empowered to pro- 
vide all necessary suitable buildings upon a proper site for the purpose, to establish 
a course of study covering the normal, industrial, agricultural, and mechanical 
sciences and provide the necessary appliances for proper instruction in the same, 
and to select a proper corps of professors and instructors and fix their salaries. 
The principal or president and corps of instructors shall be of the negro race. 
(March 3, 1896.) 

Sec. 1297. A majority of the board of trustees shall be necessary for the trans- 
action of any business. (March 3, 1896.) 

Sec. 1298. One-half of the fund known as the " land-scrip fund," to wit, $95,900, 
shall be for the benefit of the Colored Normal, Industrial, Agricultural, and 
Mechanical College of South Carolina, and shall be a perpetual fund, which shall 
forever remain undiminished, and the board of trustees are authorized to use the 
income thereon, to wit, 6 per cent per annum, payable semiannually, from July 1, 

1889, for the use and maintenance of said college. 

Sec. 1299. All sums which shall be received by the State from the United States 
Government under the provisions of the act of Congress approved August 30, 

1890, * * * shall be equally divided between the Colored Normal, Industrial, 
Agricultural, and Mechanical College and the Clemson Agricultural College, to 
be applied to the purposes specified in said acts. (December 24, 1890.) 

Sec. 1300. The Hon. Thomas G. Clemson having departed this life on April 6, 
1888, leaving of force his last will and testament, which was duly admitted to 
probate on April 20, 1888, in the office of the judge of probate for the county of 
Oconee, in the State of South Carolina, wherein he devised and bequeathed to his 
executor * * * a tract of land situate on Seneca River, in Oconee County, in 
said State, containing 814 acres, more or less, known as the Fort Hill plantation, 
as well as all his other property, both real and personal, except certain legacies in 
the said will mentioned and provided for, all in trust to convey to the State of 
South Carolina when the said State shall accept the same for the purpose of estab- 
lishing and maintaining an agricultural college upon the aforesaid Fort Hill 
plantation upon the terms and conditions of said will, the State of South Carolina 
hereby expressly declares that it accepts the devise and bequest of Thomas G. 
Clemson subject to the terms and conditions set forth in his said last will and tes- 
tament, and the treasurer of the State is hereby authorized and empowered to 
receive and securely hold the said property, both real and personal, and to exe- 



LAWS EELATIINTG TO LAND-GKANT COLLEGES. 183 

cute all necessary papers and receipts therefor as soon as the said executor shall 
convey and transfer the said devise and bequest to the said State. (November 
27,1889.) 

Sec. laoi. The deed and transfer of said property to the State having been duly 
execiTted and made by the said executor, in accordance with the provisions of said 
will, an agricultural and mechanical college is hereby established in connection 
with the aforesaid devise and bequest, to be styled "The Clemson Agricultural 
College of South Carolina," and situated at Fort Hill, in Oconee County, on the 
plantation so devised, in which college shall be taught all branches of study per- 
taining to practical and scientific agriculture and other industries connected there- 
with, and such other studies as are not inconsistent with the terms of the said 
will. (November 27, 1889.) 

Sec. 1302. The said college shall be under the management and control of a 
board of thirteen trustees, composed of the seven members nominated by said 
will and their successors and six members to be elected by the legislature in joint 
assembly. (November 27, 1889.) 

Three of the trustees elected in 1898 shall serve for the term of two years, and 
three of said trustees shall serve for the term of four years, from the commence- 
ment of their terms and until their successors shall be elected, and the said six 
trustees, immediately after their election, shall cast lots to determine which three 
of said trustees shall serve for the term of two years and which three shall serve 
for the term of four years. Hereafter every two years the general assembly shall 
elect in joint assembly three trustees for said college, who shall serve for the term 
of four years and until their successors shall be elected and shall qualify. (Feb- 
ruary 16, 1898.) 

The board of trustees shall elect one of their number to be president, and elect 
a secretary and fix his salary. They shall organize the college and put it in opera- 
tion as soon as practicable after the passage of this act, shall prescribe the course 
of study, shall declare the professorships, elect the professors, of whom the num- 
ber shall not exceed ten, and define their duties and fix their salaries, and make all 
rules and regulations for the government of the college. They may employ such 
superintendent, head workman, laborers for the farm, shops, and grounds as may 
be necessary, and fix their compensation. They shall charge each student a 
tuition fee at $40 per annum: Provided, however, The board of trustees of said 
Clemson Agricultural College may grant free tuition to such competent and deserv- 
ing youths of this State as may be unable to pay the same, and the said board of 
trustees shall prescribe such rules and regulations as may be proper to confine 
the enjoyment of this privilege to those whose necessities require it. (November 
27, 1889, and March 2, 1897.) 

Sec. 1303. The said board of trustees is hereby declared to be a body politic and 
corporate under the name and style of the Clemson Agricultural College of South 
Carolina. They shall have a corporate seal, which they may change at their dis- 
cretion, and in their corporate name they may contract for, purchase, and hold 
property for the purposes of this article, and may take any property or money 
given or conveyed by deed, devise, or bequest of [to] said college, and hold the 
same for its use and benefit: Provided, That the conditions of such gift or con- 
veyance shall in no case be inconsistent with the purposes of this chapter, and 
shall incur no obligation on the part of the State. They shall securely invest 
all funds and keep all property which may come into their possession, and may 
sell any of the personal property not subject to the trust, and reinvest the same 
in such way as they may deem best for the interest of said college. They may 
sue and be sued, plead and be impleaded, in their corporate name, and may do all 
things necessary to carry out the provisions of this chapter, and may make by-laws 
for this purpose if they deem it necessary. (November 27, 1889.) 

Sec. 1304, It shall require a two-thirds vote of the said board of trustees to 
authorize the expenditure of any moneys appropriated to the said college by the 
State, or to authorize the sale or transfer or reinvestment of any property or mon- 
eys arising from the sale of any property under the provisions of this chapter. 
(November 27, 1889.) 

Sec. 1305. It shall be the duty of said board of trustees to make to the legisla- 
ture an annual report of the college and of all farming operations and tests and 
experiments, and of all receipts and expenditures, with a statement of the condi- 
tion of the property and funds of said college, and of all receipts and expenditures 
of money appropriated thereto by the State. (November 27, 1889.) 

Sec. 1306. The State treasurer shall securely invest and reinvest the funds now 
in his hands and such as may hereafter come into his hands, derived from the 
Clemson bequest, in such manner as shall be directed by the governor, the comp- 
troller-general, and the treasurer of the State, or any two of them. He is hereby 



184 EDUCATION EEPORT, 1903. 

authorized to collect the interest annually upon all investments made of funds of 
the Clemson bequest, and pay the same over to the treasurer of the board of 
trustees of Clemson Agricultural College. It shall be his duty, under the direc- 
tion of the governor, the comptroller-general, and the treasurer of the State, or 
any two of them, to enforce the collection of the principal or interest due on any 
investments made of such Clemson bequest. (December 23, 1890.) 

Sec. 1307. The State treasurer is hereby authorized and empowered to collect by 
suit or otherwise, or to sell and convert into money, all the evidences of indebted- 
ness now held by him, and which was turned over to him as a part of the Clem- 
son bequest, and that when he shall have received the money on same, that he 
invest the same in Brown consols bearing interest at 6 per cent per annum. When 
said fimds are invested in said Brown consols, as provided for in this section, then 
the State treasurer shall issue a certificate of State stock in a sum equal to the 
value of said Brown consols, bearing interest at the rate of 6 per cent per annum, 
payable semiannually to the board of trustees of the Clemson Agricultural Col- 
lege, to be held as a perpetual fund, the capital of which shall forever remain 
undiminished, the interest on same to be used by said board of trustees for the 
uses of said Clem.son Agricultural College, and when the said State stock is so 
issued, he do then cancel the said Brown consols in the place of which the said 
State stock was issued. (December 23, 1891.) 

Sec. 1308. One-half of the land-scrip fund heretofore vested by section 1045 of 
the general statutes (1882) in the board of trustees of the University of South Caro- 
lina is hereby vested in the six members of the board of trustees of the Clemson 
Agricultural College of South Carolina, elected by the general assembly, and the 
State treasurer is authorized and required to issue a certificate of State stock in 
the sum of $95,900, bearing interest at the rate of 6 per cent per annum, payable 
semiannually to the said six members of the said board of trustees, to be held as a 
permanent fund, the capital of which shall forever remain undiminished, the 
income of said fund to be used by said board of trustees for the building and main- 
tenance of the said Clemson Agricultural College in accordance with the purposes 
for which the said land scrip was donated by the act of Congress in relation 
thereto. (December 23, 1889.) 

Sec. 1309. The annual grant of $15,000, commonly known as the Hatch bill fund, 
made to the State of South Carolina by the Congress of the United States, accord- 
ing to the terms of an act of Congress * * * approved March 2, 1887, shall be, 
and hereby is, withdrawn from the control of the board of trustees of the Univer- 
sity of South Carolina, in whom it was vested by an act * * * approved Decem- 
ber 22, 1887, and the said grant of $15,000 is hereby vested in the six members of 
the board of trustees of the Clemson Agricultural College of South Carolina chosen 
by the general assembly, and an agricultural experiment station shall be estab- 
lished in connection with the said Clemson Agricultural College and under the 
direction of the board of trustees thereof, to be supported by said grant according 
to the provisions of the act of Congress hereinbefore mentioned. (December 23, 
1889.) 

> Sec. 1310. The department of agriculture of this State, as heretofore constituted 
and provided for by law, is abolished, and also the ofl&ce of commissioner of agri- 
culture for this State. (December 24, 1890.) 

■ Sec. 1311. All the powers, duties, rights and privileges heretofore vested in and 
exercised by the commissioner of agriculture and the department of agriculture of 
this State are hereby vested in and devolved upon the board of trustees of the 
Clemson Agricultural College of South Carolina, except that said board shall not 
have any rights, powers, or privileges in reference to or in connection with the 
management and control of the rights and interests of the State in the phosphate 
rock or phosphatic deposits in the navigable streams and marshes thereof. (De- 
cember 24, 1890.) 

Sec. 1312. For the purpose of carrying out the duties hereby devolved upon 
them, the said board of trustees shall meet at the call of the governor, and at such 
time and place as he may designate. They shall receive no compensation, but 
shall be allowed their actual expenses for not exceeding two meetings in one year 
while engaged in the duties of the board imposed upon them by this article. 
(March 6, 1899.) 

;^ Sec. 1313, The duties and powers of the said board of trustees are as follows: 
' 1. They shall regulate the returns of siich county agricultural societies as may 
be chartered by the State, prescribe the forms of such return, and furnish all 
blanks necessary for securing uniform and reliable statistics of their operations. 

2. They shall issue to the several county auditors of the State, blanks with com- 
plete instrvictions for the collection of agricultural statistics and information. 



LAWS RELATING TO LAND-GEANT COLLEGES. 185 

The auditors shall promptly return such blanks to the board, filled in accordance 
with such instructions. 

3. They shall investigate all subjects relating to the improvement of the agri- 
cultural interests of the State, the inducement of immigration thereto, and the 
introduction of foreign capital therein, as they may deem expedient. 

4. They shall have the right to promulgate and enforce rules and regulations 
for the guidance of the veterinarian of said college or his assistant, if one shall be 
appointed, in the treatment of horses, mules, cattle, hogs, or other live stock 
affected with any dangerous or contagious disease, 

5. The said board shall have the power to adopt rules and regulations consistent 
with the laws of this State and of the United States, to prevent the introduction 
into this State of any live stock that is affected with any contagious disease, the 
tendency of which is to cause the death of said live stock. 

6. They shall have power, in case of contagious disease among any kind of stock 
or animals, either to establish rules of quarantine or to have the infected animals 
killed and burned. 

7. Said board, or a committee thereof appointed by them, shall supei"vise and 
enforce the execution of all laws respecting the sale of commercial fertilizers and 
seeds within the State, and any other duties by this chapter devolved upon them. 

8. They shall appoint a special inspector or inspectors of fertilizers, and such 
other persons as they may deem necessary for carrying out the duties of the 
department of agriculture hereby devolved upon them, and fix their compensation. 

9. They shall collect samples of any commercial fertilizers offered for sale in 
this State, and cause the same to be analyzed. Such samples miist be taken from 
at least 10 per cent of the lot analyzed. 

10. They shall prepare and keep in their department books of registry, in which 
any person may cause to be entered any tract or lot of land which he may desire 
to sell, stating the terms of sale. And such person may file also any plat or other 
descriptive paper relating to such lands as he may think proper. They shall also 
keep books in which shall be entered the names of persons desiring employment 
as laborers. The registry fee for each tract of land, or for each j)erson seeking 
emplojrment, shall be $1. The books shall be open to inspection free of charge. 

11. They shall communicate and cooperate with the Commissioner [Secretary] 
of Agriculture of the United States, and shall receive from him seeds, plants, 
documents, and information, and shall distribute the same as may seem to the 
best advantage. 

12. They shall have power to hold agricultural conventions composed of dele- 
gates from each county in the State, to be apportioned to each county and elected 
in such manner as the board may provide; and to conduct farmers' institutes at 
such times and places as may appear expedient; and they are authorized to use 
such parts of the funds ixnder their control as may be necessary to meet the 
expense of conducting such conventions and institutes, but no compensation, per 
diem, or mileage shall be paid to the delegates of such conventions. 

Sec. 1314. The Clemson Agricultural College of South Carolina is hereby author- 
ized and empowered to construct, maintain, and operate a railroad between the 
Clemson Agricultural College of South Carolina and Calhoun station, on the line 
of the Atlanta and Charlotte Air Line Railway, with all the rights, powers, duties, 
and privileges that are conferred and imposed by the laws of the State upon rail- 
road companies. The said Clemson Agricultural College of South Carolina, for 
the purpose of the construction of said railroad, shall be entitled to all the rights 
and privileges (and be subject to all the liabilities of railroad corporations) em- 
braced in what is called the '"general railroad law " and acts amendatory thereof , 
as well as any acts now existing or hereafter to be passed regulating the duties, 
privileges, and rights of railroad companies. (February 19, 1900.) 

Sec. 1315. After construction of said railroad the said Clemson Agricultural 
College of South Carolina, for the purpose of operating the same, is empowered 
to lease, in any lawful manner, the said railroad to any railroad company upon 
such terms as may be mutually agreed upon, or may enter into any agreement 
with any railroad company for the operation of the same, (February 19, 1900.) 

Sec. 1316. The said Clemson Agricultural College of South Carolina is author- 
ized to construct and maintain tramways, macadam roads, electric roads, and 
such other highways within the incorporation as the board of trustees may deem 
expedient for the improvement and development of the corporation, and to this 
end shall have all the powers, privileges, and rights conferred by sections 1314 
and 1315. (February 19, 1900.) 

Sec. 1317. The veterinarian of said college shall have the right to visit any sec- 
tion of this State where contagious diseases among animals is [are] believed to 



186 EDUCATION EEPOET, 1903. 

exist and shall determine, under the rules and regulations of said board, whether 
siich affected animals are worthy of remedial treatment or should be destroyed. 
It shall not be lawful for any person or persons to hinder or obstruct said veteri- 
narian or his assistant in the enjoyment of the rights given by this section or in 
the discharge of the duties prescribed by the next succeeding section. (February 
19, 1901.) 

Sec. 1318. When two or more reputable citizens of any county in this State shall 
notify said veterinarian that any animals in their county are affected with a con- 
tagious disease the tendency of which is to cause the death of such animals, he 
shall investigate the same or cause an investigation thereof to be made: and for 
such purpose he or his assistant shall have the right to go upon any premises on 
which such affected animals are or where they are supposed to be. Said veteri- 
narian shall have the right to treat such affected animals at the expense of the 
owner or owners of the same or shall have the right to cause the same destroyed 
under such rules and regulations as may be prescribed by the said board. No 
compensation shall be paid to the owner or owners of any animals destroyed under 
the provisions of this section. The necessary expenses incurred by the veteri- 
narian or his assistant in the discharge of the duties prescribed in this chapter 
shall he paid from the funds of Clemson College. (February 19, 1901.) 

Sec. 1319. All the privilege tax on fertilizers heretofore required to be paid to 
the commissioner of agriculture shall in the f utiire be paid to the treasurer of the 
State, subject to the order of the board of trustees of the Clemson Agricultural 
College of South Carolina; and so much of the money so received as shall be 
necessary to defray the expenses of the board in performing the duties now by this 
chapter devolved upon them shall be thus used, and the balance shall go to the 
said college for its erection and maintenance. (December 24, 1890.) 

Sec. 1320. A municipal corjjoration is hereby created known as Clemson College, 
the limits of which shall consist of all the lands belonging to the said college and 
cover all the territory included in a circle formed with the college building as a 
center with a radius of 5 miles, thus making the diameter of the circle 10 miles, 
within which boundaries the jurisdiction of the college shall extend. No dis- 
pensary shall ever be located at Calhoun. (December2i, 1894; February 20, 1901.) 

Sec. 1321. (1) The board of trustees of Clemson College and their successors in 
office shall have perpetual control and direct the affairs of said corporation. (2) The 
said board, by a majority vote, shall have the power, and it is made their duty, to 
recommend a suitable person as police magistrate, who shall be commissioned by 
the governor, and who shall exercise all the powers of a magistrate and of a city 
recorder in punishing offenses against the law or against the ordinances of the said 
board of trustees; but said magistrate shall not have jurisdiction in Pickens 
County. The said board of trustees shall have authority, and it shall be their 
duty, to make such rules for the maintenance of order and provide such punish- 
ments within the jurisdiction of a magistrate by fine or imprisonment, or both, as 
will keep the territory within their jurisdiction free from nuisances and enforce 
the police regulations of the State. (December 24, 1894; February 20, 1901.) 

Sec. 1322. The board of trustees of the Clemson Agricultural College are 
authorized and empowered to make such by-laws as they deem proper to license 
or prohibit the sale of goods, wares, and merchandise of any kind whatever on the 
grounds belonging to the said college as are not repugnant to the laws of the State. 
(December 24, 1892.) 

Sec. 1323. The said board shall have authority to appoint one or more special 
constables, who shall exercise all the power of a State constable or of a municipal 
policeman to enforce obedience to its ordinances and to the laws of the State. 
(December 24, 1894.) 

Sec. 1324. Nothing contained in sections 1320, 1321, and 1322 shall give said 
board of trustees the right to levy or to collect any tax. (December 24, 1894.) 

Sec. 1325. A report of all their proceedings under this chapter shall be made 
annually by the board to the general assembly. (December 23, 1879.) 

Laws, 1902, No. 545: Section 1. On and after the approval of this act by the 
governor the authorities of Clemson Agricultural and Mechanical College are 
hereby authorized and required to detail one of its scientific agriculturists to pay 
frequent visits to the coast section of the State, and to examine the soils, present 
methods of cultivation, fertilization, irrigation, etc. , and to make practical tests, on 
some selected section, of sea-island cotton, rice, and truck farms, with various 
varieties of seeds, and to follow the same up carefully during the preparation of 
the land, planting of seed, and cultivation and harvesting of same, and also to 
examine into the diseases of cotton, ricej truck, etc., which have caused much 
trouble and loss in that section. 

Sec. 2. It shall be the duty of the planters and farmers of the section so visited 



LAWS TiELATIlSrG TO LAND-GEANT COLLEGES. 187 

to render hearty assistance and cooperation in every way in their power to the 
gentleman detailed under the provisions of section 1 of this act. (February 25, 
1902.) 

Laws, 1903, No. 16: Section 1. On or before April 1, 1901, and every two years 
thereafter, the board of trustees of Clemson College shall designate three mem- 
bers of the said board, who shall constitute and be known as the State board of 
entomology, and Vv^ho shall be charged especially with the execution of the pro- 
visions of this act. 

Sec. 2. The said board is hereby authorized and empowered to make such rules 
and establish such regulations consistent with the laws of this State and of the 
United States for the government of the inspection, certification, sale, transpor- 
tation, and introduction of trees, plants, shrubs, cuttings, buds, vines, bulbs, or 
roots that the said board may deem necessary or advisable to prevent the intro* 
duction or dissemination of destructive insects and plant diseases. 

Sec. 3. The said board shall have power to appoint an entomologist, who shall 
be a skilled horticulturist, and an assistant entomologist, if in their judgment it 
shall be impracticable for the entomologist so to be appointed to discharge the 
duties hereby devolved upon him; and such entomologist shall act as an inspector 
under the provisions of this act. And it shall be the duty of said board to pro- 
mulgate rules and regulations in accordance with this act for the guidance of 
said entomologist and his assistant, if one shall be appointed, in the duties 
devolving upon him under the provisions hereof. 

Sec. 4. The said board shall fix the salary of said entomologist and of his assist- 
ant, if one shall be appointed; the said salary shall be paid out of the funds now 
provided by law for the uses of Clemson College. And, in addition to said salaries, 
such expenses as the said board may allow for traveling and other incidental 
expenses of the entomologist and his assistant, and the issuing of reports or other 
publications, shall be paid out of the funds provided for the uses of Clemson 
College. (February 23, 1903. The remaining sections describe the duties and 
powers of the entomologist. ) 



SOUTH DAKOTA. 

Constitution (1889) , Article VIII: Section 1. The stability of a republican form 
of government depending on the morality and intelligence of the people it shall 
be the duty of the legislature to establish, and maintain a general and uniform 
system of public schools, wherein tuition shall be without charge and equally open 
to all, and to adopt all suitable means to secure to the people the advantages and 
opportunities of education. 

Sec, 7. All lands, money, or other property donated, granted, or received from 
the United States or any other source for a university, agricultural college, normal 
schools, or other educational or charitable institution or purpose, and the proceeds 
of all such lands and other property so received from any source shall be and 
remain perpetual funds, the interest and income of which, together with the rents 
of all such lands as may remain unsold, shall be inviolably appropriated and 
applied to the specific objects of the original grants or gifts. The principal of 
every such fund may be increased, but shall never be diminished, and the interest 
and income only shall be used. Every such fund shall be deemed a trust fund 
held by the State, and the State shall make good all losses therefrom that shall in 
any manner occur. 

Sec. 11. The moneys of the permanent school and other educational funds shall 
be invested only in first mortgages upon good improved farm lands within this 
State, as hereinafter provided, or in bonds of school corporations within the State, 
or in bonds of the United States or of the State of South Dakota. The legislature 
shall provide by law the method of determining the amounts of said funds which 
shall be invested from time to time in such classes of securities, respectively, 
taking care to secui'e continuous investments as far as possible. 

* * * * * * * ■ 

Sec. 13. All losses to the permanent school or other educational funds of this 
State which shall have been occasioned by the defalcation, negligence, mismanage- 
ment, or fraud of the agents or officers controlling and managing the same shall 
be audited by the proper authorities of the State. The amount so audited shall 
be a permanent funded debt against the State in favor of the fund sustaining the 
loss, upon which not less than 6 per cent of annual interest shall be paid. '^' * * 

Article XIV: Sec. 3 [as amended 1896] . The State university, the agricultural col- 
lege, the normal schools, and all other educational institutions that may be sus- 



188 EDUCATION REPORT, 1903. 

tained, either wholly or in part, by the State shall be tinder the control cf a board 
of five members appointed by the governor and confirmed by the senate, tinder 
snch rules and restrictions as the legislattire shall provide. The legislature may 
increase the nttmber of members to nine. 

Laws of the Territory of Dakota, 1881, chapter 3: Section 1 [as amended 
March 9, 1883]. An agricultural college for the Territory of Dakota is hereby 
located and established at the city of Brookings, Brookings County. The build- 
ing for said college shall be erected and constructed tipon the land now owned by 
the Territory v/ithin the limits of said city of Brookings. The purpose of said 
college shall be the instruction of persons, both male and female, in such branches 
as may be prescribed by the board of regents hereinafter provided for. 

Ibid., 1883, chapter 3: Section 1. For the purpose of providing a fund to erect 
and construct an agricultural college the Territorial treasurer is hereby authorized 
and empowered, and it is made his duty, to prepare for issue $25,000 of Territorial 
bonds. Said bonds shall be dated on the day of the execution and delivery thereof, 
shall be due in twenty years from and after their date, and shall be payable at 
the option of the Territory at any time after ten years from their date. Said 
bonds shall bear interest at the rate of 5 per cent per annum. * * * 

Sec. 4. For the purpose of the prompt payment of the principal and interest of 
the bonds herein provided for, there shall be levied annually by the Territorial 
board of equalization at the time the other taxes are levied, and collected in the 
same manner as other Territorial taxes are collected, such a tax as shall be suffi- 
cient to pay such interest and the exchange thereon; and after nine years from 
the date of said bonds, if no other provision shall have been made for the pay- 
ment of the principal of the same, the said board of equalization, or any other 
officer or officers then empowered to perform the duties now performed by said 
Territorial board of equalization, shall levy such sinking- ftmd tax annually as 
shall be sufficient to retire and pay said bonds a.t their maturity. * * * 

Sec. 9, The total cost of said agricultural college building, including fixtures, 
shall not exceed $20,000. 

Sec. 18. That part of the Territory of Dakota in which the agricultural college 
is sittiated shall, on the division of the Territory, assume all debts incurred and 
then existing on account of the erection, construction, and equipment of said agri- 
cultural college and agrictiltural college farm. (Febrtiary 27, 1883.) 

Ibid., 1885, chapter 22: Sec. 3. For the purpose of providing funds to finish the 
agricultural college at Brookings, Dak., and build a boarding house, and furnish 
the same, and put in steam heating, the Territorial treasurer is hereby authorized 
and empowered, and it is made his duty, to prepare for issue $20,000 of Territorial 
bonds. 

Sec. 4. Said bonds shall be dated on the day of the execution and delivery 
thereof, shall be due in twenty years from and after their date, and shall be pay- 
able at the option of the Territory at any time after ten years from their date. 
Said bonds shall bear interest at the rate of 6 per cent per annttm. * * * 

Sec. 7. [Provides for tax levy similar to that provided in Laws, 1883, chapter 3, 
sec. 4.] 

Ibid. , 1887, chapter 4: Section 1. For the purpose of providing funds to purchase 
an experimental farm, farm buildings, live stock, and to erect and furnish build- 
ing for assembly hall, workshops, laboratory, and dormitory for young men, for 
the Dakota Agricultural College and Experimental Station at Brookings, Dak., 
the Territorial treasurer is hereby authorized and empowered, and it is made his 
duty, to prepare for issue $54,000 of Territorial bonds, in denominations of $500 
each, running for a term of twenty years, bearing interest not to exceed 5 per 
cent per annum. * * * 

Sec. 3. [Provides for a tax levy similar to that provided in Laws, 1883, chapter 
3, sec. 4.] 

Sec. 9. The cost of the building for shops, laboratory, and dormitory for young 
men, including furnishing vnth necessary furniture and steam heating, shall not 
exceed the sum of $30,000. The cost of the farm lands for the experimental sta- 
tion shall not exceed the sum of $25 per acre, and they shall be adjacent to the 
lands already owned by the Territory, and comprising said agricultural college 
farm: And pi'ovided further, That v/henever the funds arising from the sale of the 
Congressional grant of lands for the Dakota Agricultural College shall become 
available the Territory shall be reimbursed therefrom for all funds invested in 
said experimental farm lands, together with the interest thereon, from the date 
of the issue of said bonds. (March 10, 1887.) 

Ibid., 1887, chapter 6: Section 7. The agricultural college established by chapter 
3 of the session laws of 1881 shall be known by the name of the Dakota Agricul- 
tural College. The design of the institution is to afford practical instruction in 



LAWS EELATING TO LAND-GEANT COLLEGES, 189 

agricultnre and tlie natural sciences connected tlierewitli, and also the sciences 
which bear directly upon all industrial arts and pursuits. The course of instruc- 
tion shall embrace the English language and literature, mathematics, civil engi- 
neering, agricultural chemistry, animal and vegetable anatomy and physiology, 
the veterinary art, entomology, geology, and such other natural sciences as may 
be prescribed, political, rural, and household economy, horticulture, moral phil- 
osophy, history, bookkeeping, and especially the application of science and the 
mechanic arts to practical agriciilture in the field. 

Sec. 8. A full course of study in the institution shall embrace not less than four 
years, and the college year shall consist of not less than nine calendar months, 
■which may be divided into terms by the board of regents as in their judgment 
vpill best secure the objects for which the college was founded. 

Sec. 9. The board of regents shall fix the salaries of the president, teachers, 
instructors, and other employees, and prescribe their respective duties. The 
board may remove ttie president or subordinate officers and supply all vacancies. 

Sec. 10. The faculty shall consist of the president, teachers, and instructors, 
and shall pass all needful rules and regulations for the government and discipline 
of the college, regulating the routine of labor, study, meals, and the duties and 
exercises and all such rules and regulations as are necessary to the preservation 
of morals, decorum, and health. 

Sec. 11. The president shall be chief executive officer of the agricultural college, 
and it shall be his duty to see that all rules and regulations are executed, and the 
subordinate officers and employees, not members of the faculty, shall be under his 
direction and supervision. 

Sec. 12. The president of the college and the president of the board of regents 
shall constitute a committee to fix the rate of wages to be allowed to students for 
labor on the farm or in the shops or kitchen of the agricultural college. 

Sec. 13. The faculty shall make an annual report to the board of regents on or 
before the first Monday in December of each year, showing the condition of the 
school and farm and the results of farm experiments, and containing such recom- 
mendations as the welfare of the institution in their opinion demands. 

Sec. 17. There is hereby established an agricultural experiment station in con- 
nection with the Agricultural College of Dakota, and under the direction of the 
board of regents of said college, for the purpose of conducting exjperiments in 
agriculture, according to the terms of section 1 of an act of Congress approved 
March 3 [2] , 1887. * * * 

Sec. 18. The assent of the legislature of Dakota is hereby given in pursuance of 
the requirements of section 9 of said act of Congress approved March 3 [2] , 1887, 
to the grant of money therein made and to the establishing of an experiment sta- 
tion in accordance with section 1 of said last-mentioned act, and assent is hereby 
given to carry out all and singular the provisions of said act. (March 11, 1887.) 

Laws of Soutli Dakota, 1891, chapter 38: Section 1. The name of the agricul- 
tural college a,t Brookings, S. Dak. , is hereby changed from the Agricultural Col- 
lege of Dakota to the Agricultural College of South Dakota. (March. 5, 1891.) 

Ibid., 1891, chapter 3: Section 1. The Congressional grants of money for the 
further endowment and maintenance of agricultural colleges, known as the 
Morrill Act, and approved August 30, 1890, be accepted for the Agricultural 
College of South Dakota under the conditions and limitations of that act, and the 
treasurer of the board having control of the agricultural college is designated as the 
proper person to whom such funds are to be paid by the United States authorities, 
said treasurer giving good and sufficient bonds for the safe custody of said funds. 
(March 7, 1891.) 

Ibid., 1897, chapter 58: Section 1. As soon as practicable after the passage of 
this act and before March 1, 1897, the governor, by and with the consent of the 
senate, shall ai^point five persons of probity and wisdom from among the best and 
the best-known citizens, residents of different portions of the State, none of whom 
shall reside in the counties in which any of the State educational institutions are 
located, who shall constitute a board to be designated the regents of education: 
Provided, That in all appointments to the regency of education the persons 
selected shall be of the different political parties existing at the time such appoint- 
ments are made. 

Sec. 2. One of the persons so appointed shall hold office until January 1 , 1899, 
and two until January 1 , 1901 , and two until January 1 , 1903, as the governor shall 
indicate in his nomination, and all full appointments at and after the expiration 
of any of these terms shall be for six years, it being the intention of this act that 
all expirations of these terms shall occur on the 1st day of January of each odd or 
legislative year, or as soon thereafter as their successors are chosen and qvialified: 



190 EDUCATION EEPOET, 1903. 

Provided, That all full appointments thereafter must be made before the 1st day 
of February of the regular biennial legislative year. 

Sec. 3. In case a regent of education shall die, resign, remove from the State, or 
for any other reason vacate his office, or become permanently disqualified from 
performing its duties, the governor of the State shall fill the vacancy by suitable 
and prompt appointment, and such appointee shall be clothed with full authority 
as a regent, but his term of service shall cease and expire with the next legisla- 
tive session unless sooner confirmed by the senate. But the governor shall not 
have power to fill any vacancies caused by the refusal of the senate to confirm, 
nor vacancies caused by his own neglect to nominate to the senate in time for con- 
firmation. 

Sec. 4. Immediately upon the appointment and confirmation of the first five per- 
sons above named in section 1 of this act the governor shall summon them to 
assemble forthwith at the capital of the State, whereupon each shall take an oath 
before a proper officer to support the Constitution of the United States and of this 
State, and to perform his duties as a regent of education to the best of his ability. 

As soon as they are thus properly qualified they shall organize by electing one 
of their number president and by the election of a secretary. Thus qualified and 
organized they shall have authority to make such rules as are necessary for their 
own government as a board, and they shall immediately assume the exclusive con- 
trol and management of all the educational institutions which are maintained 
either wholly or in part by the State, and at once, thereupon the terms of office 
and all authority of all boards or persons, of whatsoever name, heretofore charged 
with this duty, shall cease and expire. 

All persons subsequently appointed as regents shall each subscribe to a like oath 
of office before taking their seats, and all oaths of office of the regents of educa- 
tion shall be duly filed with the secretary of state. 

Sec. 5. To facilitate their work the regents of education shall have power to 
appoint, of their own members, such committees as seem desirable, but they shall 
appoint a standing committee of regents for each institution under their control, 
whose chairman may be charged by them and under their rules with certain 
executive duties in connection with the institution for which he was appointed 
and which may need attention during the interim of board meetings. They are 
also empowered to employ a competent stenographer and bookkeeper. 

Sec. 6. The regents of education shall hold two regular meetings each year — 
one to be known as the annual meeting and one as the semiannual meeting — at 
such stated times as shall best subserve the interests of the institutions under 
their control. Extra meetings may also be held in case of weighty emergency on 
the call of the president or by joint request of a majority of the members, due and 
reasonable notice always being given. Three regents shall constitute a quorum 
for doing business, but two may adjourn from day to day. 

Sec. 7. The faihire of any regent to attend two successive regiilar meetings, as 
herein provided, may be construed by the governor as a resignation, and he may 
proceed to fill the vacancy unless such absences were on account of temporary 
disabling sickness or other equally valid reason accepted by the regents at their 
next meeting. 

Sec. 8. The regents of education, qualified and organized as prescribed in sec- 
tion 4 of this act, shall become, and they and their successors in office shall con- 
tinue to be, a legal corporation or body corporate with power to sue and be sued, 
to hold and manage fully, for the purposes for which these educational institutions 
were established, any property belonging to said institutions, collectively or sev- 
erally, or of which they shall in any manner become possessed; and all previous 
boards and persons having had custody of said property or control of said institu- 
tions shall at once turnover the same, together with all papers, records, contracts, 
or other archives belonging to said institutions, to the said regents of education. 

Sec. 9. The regents of education as a corporation shall have power to make 
contracts for service, for the erection of buildings, and for the purchase of all 
lands, materials, and supplies needed, and in the carrying out of such contracts 
they shall have power to expend moneys, to exact and collect penalties, and to 
purchase or sell property within the limitations of State and national law: Pro- 
vided, That all contracts for the erection or repairs of buildings or for the purchase 
of fuel or other ordinary supplies exceeding in value $300 shall be by means of 
publicly advertised competing bids and by public letting: And provided further. 
That no regent shall be directly or indirectly pecuniarily interested in any such 
contract. 

And said regents of education, as a board, may bring suit in the proper court 
having jurisdiction, in the name of the regents of education, to enforce any con- 



LAWS BELATING TO LAND-GEANT COLLEGES. 191 

tract made by them as such board, and may also bring suit in all matters relating 
to such property, or to the care, custody, control, management, or improvement 
thereof. And it is hereby made the duty of the attorney -general to prosecute any 
such suit upon the request of said board. Any moneys collected upon any judg- 
ment obtained under the provisions of this act shall be paid into the State treas- 
ury for the benefit of the educational institutions and credited to the proper fund 
or funds. 

Any regent is authorized to administer oaths and examine Vi^itnesses whenever 
necessary in the performance of the duties of the board. 

This act is intended to confer, and does confer, upon the regents of education 
all powers usually exercised by such boards and which are necessary to the proper 
legal management of the educational institutions placed under their control and 
the property belonging to the same. 

Sec. 10. The regents of education, in their capacity as a board and for the pur- 
pose of exercising proper control over those institutions of learning which are 
placed in their care, shall h:i,ve full power to employ or dismiss all members of 
the faculties of insti'uction of said institutions, all assistants, foremen, secretaries, 
laborers, or other agents necessary to the proper management of the institutions; 
to determine their number, their qualifications, define their duties, fix the period 
or term of their employment, and the rate and manner of their compensation: 
Provided, That no person shall be employed or dismissed by reason of any sectarian 
or political opinions held. 

Sec. 11. The regents of education shall have full power to authorize for the 
institutions under their control such departments and courses of study as they 
may think best, to determine what text-books shall be used, what requirements 
for the admission and graduation of students shall be maintained, what rules 
shall be enacted and enforced for the government of students; and said regents 
shall have power to make all other rules and regulations for the wise and success- 
ful current managem.ent of the schools under their control. And, further, they 
are hereby empowered to delegate provisionally any of the authority given in this 
section to the presidents, deans, principals, or faculties of instruction of said 
schools as in the judgment of said regents may be proper or as may be in accord- 
ance with the usual custom in such cases. 

Sec. 12. The regents of education shall fix all rates of tuition and of other fees to 
be paid by students, but such rates must be the same in all the different institu- 
tions. They may receive free of tuition two students appointed by each State 
senator and one i3y each representative of the State legislature in any one of the 
institutions under their control: Provided, That the period for which such 
appointment was made shall expire with the term of office of the said senator or 
representative: And provided. That such appointees shall be residents of the dis- 
trict or county whose senator or representative makes the appointment: And pro- 
vided further, That such appointees shall comply with all the rules and require- 
raents of the institution which they desire to enter. JSTo student, however, shall 
receive any other gratuity whatever. 

Sec. 13. The regents of education are hereby expressly forbidden to continue or 
to create chairs, departments, laboratories, libraries, or other equipment in mul- 
tiplication, except where the obvious needs of the special work of the schools 
make such multiplication necessary. In all things the regents are to administer 
the schools in such a manner as to enable each one of them to do in the best man- 
ner its own specific work, but all witha view to the strictest economy and so as 
to unify and harmonize the entire woi'k of all the schools under their control. 

Sec. 14. The regents of education are authorized to confer all scholastic honors 
and degrees usually granted by such boards; but all degrees, diplomas, and cer- 
tificates of graduation shall be issued and conferred in their name and by their 
express authority. In conferring degrees the regents shall conform as nearly as 
may be to the best and most reputable current practice in such matters. Students 
shall be graduated from any one of these institutions by the regents of education 
upon recommendation of the appropriate faculty of that institution. A certifi- 
cate of gradiiation from a full course in any one of the normal schools or from 
the State University, provided the graduate of the university has taken a course 
in pedagogy as given in that institution, shall be a license valid for five years to 
teach in any of the public schools of this State. 

Sec. 15. The United States agricultural experiment station for South Dakota, 
being by national law a department of and under the directio7i of the agricultual 
college, shall be under the exclusive control of the regents of education, just as 
other departments and institutions are under their control. 

Sec. 16. The regents of education are authorized to encourage and provide for 



192 EDUCATION KEPORT, 1903. 

farmers' institutes to be conducted by members of tbe agricultural college faculty, 
or by anyone else designated by said regents, and the said regents are likewise 
authorized to encourage and as far as possible provide for any other forra of uni- 
versity extension work which is feasible and of value to the people. 

Sec. 17. All officers of the board shall be elected for one year, and the election, 
except in case of vacancies, shall be held at the annual meeting. 

Sec. 18. The regents of education shall receive no compensation for their services, 
but each shall be paid $5 per day for every day's service to cover his actual 
expenses, and this per diem shall be paid upon their itemized and properly certi- 
fied vouchers from the State treasury upon the warrant of the auditor of state: 
Provided, That any regent serving from the Black Hills region shall receive $25 
extra for attendance upon any meeting east of the Missouri River, but not exceed- 
ing $50 for any one fiscal year: And provided, That the entire sum paid for any 
one year to said regents of education shall not exceed $1,000. 

Sec. 19. In the general appropriation for State purposes the sum of $3,600, or so 
much thereof as may be needed, shall be provided each year for the per diem of 
the regents of education, for the salary of their secretary and stenographer, and 
for such blanks, books, stationery, and postage as may be needed. 

Sec. 20. The State treasurer shall be the treasurer of the regents of education, 
and he shall perform all the duties of such office, subject to such regulations as 
they may adopt not inconsistent with his other offic-dal du'ies, and he and his 
sureties shall be liable on his official bond for the faithful discharge of such duties. 
Said treasurer shall have authority to receive and receipt for all monej^s arising 
fi-om any source for the use of any of the educational institutions under the con- 
trol of the said regents, and he shall keep such separate accounts of the several 
funds as they shall prescribe. All moneys received from rents of dormitories, 
tuition, or other fees authorized by the regents of education, or from articles, 
prodvicts, or materials sold by their authority, shall be collected by some person 
designated by said regents for each institution to make such collections, under 
proper bonds, and said person shall transmit to the State treasurer at the close of 
each calendar month all moneys thus received by him during that month; and 
no other person shall be permitted to collect or hold any money belonging to said 
institutions. Moneys received from the National Government under any of the 
various grants shall be payable to the State treasurer as treasurer of the regents 
of education, and shall be receipted for by him. All moneys received as interest 
on the National land-gi-ant funds or from leases of the land granted to these insti- 
tutions under the control of the regents of education shall be paid to the State 
treasurer, and shall be credited by him to the proper educational institutions. At 
once on receiving moneys from any source the State treasurer shall notify the sec- 
retary of the regents of education of the amount, the source from which received, 
and the fund to which credited. 

Sec. 21. There is annually and perpetually appropriated to the regents of edu- 
cation for the exclusive and legal use of the educational institutions under their 
control all moneys received from their endowment land grant as interest or rent, 
all local collections from fees of any kind or from rents or sales authorized, all 
United States money grants of any kind, all moneys derived from any source to 
be used by the regents of education for the proper and legal maintenance of the 
institutions under their control. 

Sec. 22. No expenditures shall be made except by express authority of the 
regents of education first obtained, and no indebtedness shall ever be permitted 
or incurred except against funds already available for such purpose, and no 
expenditure from any fund shall, under any circumstances, be made except for 
the legal purpose for which said fund exists and for the institution to which it 
belongs. The method in detail of making expenditures, purchases, etc., except 
so far as they are specified by section 10 of this act, shall be left to the discretion 
of the regents of education. 

Sec. 23. Whenever a properly audited and authenticated vovicher of the regents 
of education is presented to the auditor of State, it shall be his duty to transmit 
promptly to the office of secretary of the regents of education his warrant for a 
corresponding sum on the State treasurer, unless said voucher shall overdraw the 
fund from which it is made paj'^able. 

Sec. 24. The regents of education shall, on or before the 15th day of December 
previous to each biennial session of the legislature, prepare and present to the 
governor of the State, for his use and for the use of the legislature, a full detailed 
report of all their doings for the preceding two years, with a statement of the 
work and the condition financially and educationally of all the institutions under 
their control, with such recommendations as they may desire to make, and with 
detailed estimates for legislative aid, if in their judgment any is needed. They 



LAWS RELATING TO LAND-GRANT COLLEGES. 193 

shall also, by themselves or their authorized representative, attend upon the ses- 
sion of the legislature whenever required so to do by a committee of either house. 
They shall also prepare, or caiise to be prepared and transmitted at i^roper times, 
all reports required of them by the United States laws. (March 5, 1897.) 



TENNESSEE. 

[The following raattei- is taken from the Annotated Code of Tennessee, by E. T. Shannon, 
Nashville, Tenn., 1896.] 

' Sec. 352. The act of Congress of the United States, "-^ * * approved July 2, 
1862, and subsequent acts, * * * and especially all the conditions set forth in 
the fifth section thereof, and numbered first, second, third, fourth, fifth, and sixth, 
are accepted by the State of Tennessee upon the conditions prescribed. (Laws of 
1805 and 1867-68.) 

[The act of February 1, 1868, provides for the sale of the land scrip received by the State and 
for the investment of the proceeds in 6 per cent interest-bearing bonds of the State.] 

* Sec. 353. The proceeds of the sale of the agricultural scrip appropriated by Con- 
gress for the establishment of an institution of learning devoted to agricultural and 
the mechanic arts are appropriated to the University of Tennessee, ^ipon the restric- 
tions and conditions mentioned in this article. (Laws of 1868-69 and 1879.) 
^ Sec. 354. The State of Tennessee assents to the conditions of an act of the 
United States Congress approved ]\Iarch 3 [3] , 1887, * * *■ and authorizes 
the treasurer of the University of Tennessee to accept any grants of money author- 
ized by that act in the State of Tennessee, and to give his official receipt for the 
same. (Laws of 1887.) 

Sec. 355. Said grants of money to Tennessee shall, as a part of the agricultural 
fund, be committed to the triistees of the University of Tennessee, now in charge 
of the State experiment station, there to be applied as the said act of Congress 
directs, and all results and expenditures shall be reported in accordance with the 
provisions of the act making the grants which are hereby accepted. (Laws of 
1887.) 

Sec. 356. The State of Tennessee assents to the purpose of the act of the United 
States Congress approved AiTgust 30, 1890, * * * and empowers the treasurer 
of the University of Tennessee to accept the whole of said grants of money author- 
ized by the said act to be paid in the State of Tennessee, and to give his official 
receipt for the same. (Laws of 1891.) 

Sec. 357. Said grants of money to Tennessee shall, as a part of the endowment 
and support of the college for the benefit of agriculture and the mechanic arts, 
established by contract of this State with the trustees of the University of Ten- 
nessee, be committed to the trustees of the said university, in accordance with 
the requirements of the act of Congress making the grants, to be applied by 
them as the said act of Congress directs; and all results and expenditures shall be 
reported in accordance with the provisions of the act making the grants, all of 
which are hereby assented to and accepted for this State. (Laws of 1891.) 

Sec. 358. It shall be the duty of the trustees of said university to establish an 
agricultural college so as to strictly conform to the Congressional enactment 
making the appropriation; and the fund hereby appropriated shall be used only 
according to the terms of the Congressional enactment making the appropriation 
to the State. (Laws of 1868-69.) 

Sec. 359. As soon as the trustees of said university shall have completed build- 
ings for the accommodation of 275 students, and shall have furnished the same 
with appropriate school furniture, and shall have provided suitable lands not less in 
extent than 200 acres, so that the whole property shall be worth, at a fair estimate 
of values, not less than $125,000, it shall be lawful for the governor of the State to 
issue to the trustees of said university the bonds of the State in which the pro- 
ceeds of the sale of the agricultural scrip have been invested. (Laws of 1868-69.) 

Sec. 360. The secretary of state shall register the number and denominations of 
the bonds issued to the trastees of said university, and shall also cause the char- 
acter of the issue to be indelibly printed upon the bonds, and shall retain a file of 
said numbers and denominations in his office. (Laws of 1868-69.) 

Sec. 361. Two hundred and seventy-five students from the State of Tennessee 
shall at all times be entitled to receive free tuition in said university, the said 
students to be appointed by the several senators and representatives in the general 
assembly of the State, each senator being entitled to api)oint two and each repre- 

ED 1903 13 



194 EDUCATION REPOET, 1903. 

sentative three students, according to the population of the counties represented 
by them. (Laws of 1873 and 1879.) 

Sec. 862. In order to secure more regularity in the appointment of State cadets 
in the University of Tennessee by senators and representatives, as provided by 
law, and to secure greater usefulness of their appointments to the State at large, 
it shall be the duty of the State superintendent, in the month of May in each year, 
to issue notice to the county and city superintendents of schools throughout the 
State, requiring them to hold public examinations of candidates for appointment 
in their respective counties or cities, and giving full and uniform directions with 
reference to the subject and method of such examinations. (Laws of 1879.) 

Sec. 363. It shall be the duty of the county and city superintendents, on the 
receipt of such directions, to give due public notice thereof for not less than ten days, 
and in the month of June each shall proceed to hold such examination or exami- 
nations as may be necessary in his county or city, engaging, if necessary, the assist- 
ance of suitable persons, but without cost to the State; and on the conclusion of 
such examination, or within ten days thereafter, he shall transmit a list of the 
qualified candidates in their order of merit, as determined by the examinations, 
to the State superintendent of ptiblic instruction, who shall keop a roll of the 
names by counties and cities in his office. (Laws of 1879.) 

Sec. 864. It shall be the duty of the State superintendent on the receipt of such 
list from any county or city superintendent to communicate the same to the sen- 
ators or representatives thereof, with the number of vacancies in such appoint- 
ments actvTally existing for the said county or city, which shall be ascertained 
from the roll of the university, and the said senators and representatives may then 
proceed to make their appointments from the said lists, notifying the same to the 
State superintendent, who shall keep a roll thereof in his office and communicate 
the same to the president of the university. (Laws of 1879.) 

Sec. 365. If in any county or city the list of qualified candidates should not be 
sufficient for the appointment as now authorized bylaw, any senator or represent- 
ative may make his appointment from any other county or city in which there 
may be a surplus of qualified candidates after the senator and representative or 
senators and representatives thereof shall have completed their appointments. 
(Laws of 1879.) 

Sec. 386. If by the 10th day of August there shall still remain vacancies unfilled 
by senators or representatives, the president of the university shall be authorized 
to fill the same from the list of qualified candidates up to the number authorized 
by law: Provided, That such appointments by the president shall be for one year 
only, and in making the same preference shall be given to counties and cities 
whose quota has not been filled and to those persons therein who stood highest in 
the order of merit. (Laws of 1879.) 

Sec. 387. In the event of a vacancy occurring in any of the aforesaid appoint- 
ments in any county or city in which the list of qualified candidates has been 
exhausted it shall be the duty of the county or city superintendent, on the written 
request of any senator or representative of such county or city, to hold such exam- 
ination as is herein provided for such applicant or applicants as may be recom- 
mended by the said senator or representative and to proceed therevnth in the form 
and manner herein provided; but nothing herein shall be construed to limit or 
abridge the right of appointment by senators or representatives as authorized by 
law. (Laws of 1879.) 

Sec. 368. The profits arising from crops on the agricultural farm shall be annu- 
ally applied by the board of trustees toward paying the necessary expenses of stu- 
dents who are in indigent circumstances; and the trustees are required to carry 
on a farm under such regulations as they may prescribe, and to require all stu- 
dents who are physically able to labor on said farnl, but not exceeding two hours 
each day, except in the way of punishment, should the trustees or faculty adopt 
such system of correction of the pupils. (Laws of 1868-69.) 

Sec. 369. The governor of the State, the secretary of state, and the State super- 
intendent of public instruction shall be ex officio members of the board of trustees 
of said imiversity. (Lav/s of 1868-69.) 

Sec. 370. The board of trustees of said university shall deposit with the secre- 
tary of state their bond, made payable to the State of Tennessee, with security, 
approved by the governor of the State and the comptroller of the State, in double 
the amount of the issue of said bonds to the trustees of said university, said bond 
to contain all the details of the Congressional enactment making the appropriation, 
and the legislative enactments accepting the same, and to bind said trustees to 
carry them into effect, all and singly. (Laws of 1868-69.) 

Sec. 371. The board of trustees of the university, receiving its foundation and 
endowments by the munificence of the United States Government and that of the 



LAWS RELATING TO LAND-GKANT COLLEGES. 195 

State of Tennessee, shall always foster, encourage, and inculcate loyalty to both 
the State and National governments, as well in the general administration of the 
institution as in the discipline of the pupils; and the university shall not be con- 
trolled in the interest of any particular sect or religious denomination whatever. 
(Laws of 1868-69.) 

Sec. 372. The trustees of this institution shall make and submit a report to the 
governor ten days before the general assembly convenes, giving the number of 
students, together with a detailed statement of the workings of the institution 
and of receipts and expenditures, and it shall be transmitted by him, along with 
his regular message, thereto; and they shall at the same time make secure the 
bond required by section 370 hereof. (Laws of 1868-69 and 1878.) 

Sec. 372a. No citizen of this State, otherwise qualified, shall be excltided from 
the privileges of the university by reason of his race or color, but the accommo- 
dation and instruction of persons of color shall be separate from the white. 
(Laws of 1868-69.) 

Sec. 373. The legislature reserves the right to control and manage said fund by 
whatever legislation may be deemed necessary for its protection and safety: Pro- 
vided, No such legislation shall extend to the removal of said fund from the Uni- 
versity of Tennessee so long as it shall comply vsdth and observe the requirements 
of the act of Congress donating said fund. (Laws of 1868-69 and 1879.) 



TEXAS. 



[The following matter is taken frora " Revised civil statutes of the State of Texas, adopted at 
the regular session of the twenty-fourth legislature, 1895." Austin, Tex., 1895.] 

Art. 3860. The Agricultural and Mechanical College of Texas, established by 
an act of the legislature passed April 17. 1871 , located in the county of Brazos, and 
by the constitution made and constituted a branch of the University of Texas, for 
instruction in agriculture, the mechanical arts, and the natural science connected 
therewith, shall be managed and controlled as herein provided. 

Art. 3861. The leading object of this college shall be, without excluding other 
scientific and classical studies, and including military tactics, to teach such 
branches of learning as are related to agriculture and the mechanical arts, in such 
manner as the legislature may prescribe, in order to promote the liberal and prac- 
tical education of the industrial classes in the several pursuits and professions in 
life. 

Art. 3862 [as amended by act of March 9, 1899]. The government of the Agri- 
cultural and Mechanical College of Texas shall be vested in a board of eight direct- 
ors (one of whom shall be the commissioner of agriculture, insurance, statistics, 
and history, as provided in article 2921, revised civil statutes, and whose tenure of 
ofllce shall be governed by the act under which he is appointed) , who shall reside 
in different portions of the State, who shall be appointed by the governor, by and 
with the advice and consent of the senate. The members of the present board 
shall continue to exercise their duties until the expiration of their respective terms. 

Art. 3863 [as amended by act of March 9, 1899]. The board of directors shall 
be divided into classes, numbered one, two, three, and four, as determined by 
the governor; shall hold their office two, four, six, and eight years, respectively, 
from the date of their appointment and until their successors are appointed and 
qualified. Two members shall be appointed at each session of the legislature to 
supply the vacancies made by the provisions of this article and in the manner 
provided for in the preceding article, who shall hold their office for eight years, 
respectively. 

Art. 3864. Should a vacancy occur in the said board by the death, resignation, 
or otherwise of any one of the directors so appointed, the governor shall fill the 
same by appointment, which shall continue until the term for which he was 
appointed shall expire. 

Art. 3865. The governor shall be authorized to call said board together after 
their appointment, and said board shall at their first meeting elect from their 
number a president of the board, who shall thereafter be authorized to call said 
board together for the transaction of business whenever he deems it expedient, 
and a majority of said board shall constitute a quorum for the transaction of busi- 
ness. 

Art. 3866 [as amended by act of March 9, 1899] . Said directors shall serve 
without compensation, but shall receive their actual expenses incurred in attend- 
ing the meetings of the board or in the transaction of any business of the college 
imposed by said board. 



196 EDUCATION REPOET, 1903. 

Akt. 3867. The secretary of state shall forward a certificate to each director 
within ten days after his aiDpointment, notifying him of the fact of snch appoint- 
ment, and should any director so appointed and notified fail for ten days to give 
notice to the governor of his acceptance, his appointment shall be deemed void 
and his place filled as in case of vacancy. 

Art. 3868. There shall be maintained and instructed at said college annually, 
free of charge to them, three students from each senatorial district in this State, 
one of whom shall be appointed by the senator of such district, and the other two 
by the representatives thereof. One-half of said students so appointed shall be 
compelled to take an agricultural and the other half a mechanical course of study, 
to be assigned thereto by the president of said college, and in order to pay their 
expenses the comptroller, on proper vouchers being filed in his office by the direct- 
ors, is authorized to draw his warrant on the State treasurer against any appro- 
priation made for that purpose. 

Art. 3869. The board of directors shall, when necessary, appoint the president 
and professors of the college, and such other officers as from time to time they 
may think proper to keep the college in successful operation, and may, from time 
to time, abolish any office that is in their judgment unnecessary. 

Art. 3870. Said board shall also from time to time make such by-laws, rules, 
and regulations for the government of said college as they may deem meet and 
proper for that purpose, and shall regulate the course of study, the rates of tuition, 
the manner of performing labor, and the kind of labor to be performed by the 
students of said college^ and shall also prescribe the course of discipline necessary 
to enforce the faithful discharge of the duties of the professors, officers, and 
students. 

Art. 3871. It shall be the duty of the board to have printed for the benefit of 
the people of the State and officers and students of the said college such by-laws, 
rules, and regulations as they are authorized by the preceding article to prescribe. 

Art. 8872. The money arising from the sale of the 180,000 acres of land donated 
to this State by the United States under the provisions of an act of Congress passed 
on July 2, 1863, and an amended act of Congress of July 23, 1866, shall constitute 
a perpetual fund, under the conditions and restrictions imposed by the above- 
recited acts, for the benefit of said college, and the investment of the same, hereto- 
fore made in the bonds of the State, shall continue until the legislature shall by 
law direct it to be invested otherwise in furtherance of the interests of said college 
and in accordance with the terms on which it was received. 

Art. 3873. The interest heretofore collected by the State board of education in 
accordance with the provisions of the act of August 21, 1876, due at the end of the 
fiscal year of 1876, on the bonds belonging to said Agricultural and Mechanical 
College and invested in 6 per cent State bonds, shall also constitute a part of the 
perpetual fund of said college until the legislature shall otherwise provide. 

Art. 3874. It shall be the duty of the State board of education to collect the semi- 
annual interest on the bonds mentioned in the two preceding articles as the same 
becomes diie, and place the same in the treasury of the State to the credit of said 
college fund. 

Art. 3875. The interest on the bonds which were purchased with the proceeds 
of the said land scrip, and also the interest on the bonds in which the accrued 
interest of the said bonds was invested, as heretofore set out in this chapter, is set 
apart exclusively for the use of said college, and shall be drawn from the treasury 
by the board of directors on vouchers audited by said board or approved by the 
governor and attested by the secretary of the board. 

Art. 3876. On such vouchers being filed with the comptroller, it shall be his 
duty to draw his warrant on the State treasurer for the same from time to time 
as the same may be needed to pay the directors, professors, and officers of the 
college. 

Art. 3877. The agricultural and mechanical college for the benefit of colored 
youths, located in Waller County, as established by an act of the legislature 
approved August 14, 1876, shall be under the supervision and control of the board 
of directors of the agricultural and mechanical college located in Brazos County, 
and established by an act of the legislature passed April 17, 1871. 

Art. 3878. The said board of directors shall in all respects have the same pow- 
ers and perform the same duties in reference to the college named in the preced- 
ing article as they are clothed with in reference to the agTicultural and mechan- 
ical college located in Brazos County. 

Art, 3885. The normal school for colored teachers at Prairie View shall be under 
the control and supervision of the board of directors of the agricultural and 
mechanical college. (1879.) 

Art. 3886 [as amended by act of June 6, 1899]. Said board of directors shall 



ILAWS EELATING TO LAWD-GEANT COLLEGES. 197 

admit one student from each senatorial district, who shall be appointed by the 
senator representing said district, and one student from each representative dis- 
trict, who shall be appointed by the member of the legislature representing said 
district: Provided, That where there are more than one representative in a dis- 
trict each representative of siich district shall appoint one student, said students 
to be taken from the colored population of this State, which said students shall 
not be less than 16 years of age at the time of their admission: Provided, The said 
school shall hereafter be called and known as ' ' Prairie View State Normal and 
.Industrial College." 

Art. 3887 [as amended by act of June 6, 1899] . Said board shall appoint a prin- 
cipal teacherand such assistant teacher or teachers of said school and such other 
officers of said school as may be necessary, and shall make such rules, by-laws, 
and regulations for the government of said school as they may deem necessary 
and proper, and shall regulate the course of study and the manner of performing 
labor to be performed by the students, and shall provide for the board and lodg- 
ing and instruction to the students without pecuniary charge to them other than 
that each student shall be required to pay one-third of the cost of said board, 
lodging, and instruction quarterly in advance, and said board of directors shall 
regulate the course of discipline necessary to enforce the faithful discharge of the 
duties of all officers, teachers, students, and employees of said school, and shall 
have the same printed and circulated for the benefit of the people of the State and 
the officers, teachers, students, and employees of said school. 

Aet. 3888. The board of directors may provide for receiving such a number of 
students of both sexes as in the judgment of said board the school can best accom- 
modate, and shall reqiiire all students admitted to said school to sign a written 
obligation (in a proper book kept for that purpose) binding said student to teach 
in the public free schools for the colored population of their respective districts 
at least one year next after their discharge from the normal school and as much 
longer than one year as the time of their connection vfith said normal school shall 
exceed one year, for which teaching said discharged student shall receive the same 
rate of compensation allowed other teachers of such schools with like qualifications. 

Art. 3889. It shall be the duty of the comptroller of public accounts annually 
to set apart out of the interest accruing from the university fund, appropriated 
for the support of public free schools, the sum of $6,000 for the support of said 
normal school and place said fund to the credit of said normal school, and the 
same may be drawn by the board of directors on vouchers audited by the board 
or approved by the governor and attested by the secretary, and on filing such 
vouchers the comptroller shall draw his warrant on the State treasury for the same 
from time to time as the same may be needed. 

Art. 3890. The board shall make rules by which students can obtain certificates 
of qualification as teachers that will entitle them to teach without other or further 
examination. 

Laws, 1889, chapter 58: Section 1. The State of Texas does hereby assent to the 
purposes of said grant [experiment station act of March 2, 1887] and designates the 
Agricultural and Mechanical College of Texas as such station. (April 3, 1889.) 

Laws, 1891, chapter 40: Section 1. All moneys apportioned to the State of 
Texas under an act of [August 30, 1890] of the Fifty-first Congress of the United 
States, ■••" * * shall be apportioned between the agricultural and mechanical 
college and the Prairie View State Normal School on the following basis, to wit: 
Three-fourths to the agricultural and mechanical college and one-fourth to the 
Prairie View State Normal School. 

Sec, 3. L. S. Ross, president of the agricultural and mechanical college, or his 
siiccessors in office are hereby authorized to receive and receipt for all moneys due 
and to become due to the agricultural and mechanical college and the Prairie 
View State Normal School, under the act of Congress aforesaid. 

Laws, 1899, chapter 10: Section 1. The president and board of directors of the 
Agricultural and Mechanical College of Texas are hereby authorized and directed 
to employ an expert entomologist, one or more, as may be deemed necessary, 
whose duty it shall be to devise, if possible, means of destroying the Mexican boll 
weevil, boll worm, caterpillar, sharpshooter, chinch bug, peach bug, fly and 
worm, and other insect pests, and to perform the duties of professor of entomology 
in the Agricultural and Mechanical College of Texas. 

Sec. 2. The sum of $5,000 is hereby appropriated, out of any money in the State 
treastiry not otherwise appropriated, for the purpose of putting this act into effect. 
(February 25, 1899.) 

Laws, 1901, chapter 30: The sum of $3,500 for the first year and $1,800 for the 
second year is set apart and is hereby appropriated out of the general revenue for 
the inauguration and maintenance of a four-year college course of classical and 



198 EDUCATIOIT EEPORT, 1903. 

scientific studies at the Prarie View State Normal and Industrial College, to which 
graduates of the normal course shall be admitted without examination, and to 
which others may be admitted after having passed a satisfactory examination in 
the branches comprised in the normal course: Provided, That no State student 
shall be admitted to the privileges of the said course: And provided further, That 
the diploma conferred on the completion of the said course shall entitle the holder, 
without other or further examination, to teach in any of the colored public free 
schools of the State. (March 28, 1901.) 

Laws, 1903, chapter 54: Section 1. The board of directors of the Agricultural 
and Mechanical College of Texas is hereby directed and required to establish at 
and in connection with the said college a school or department for instruction in 
the theory and practical art of textile and kindred branches of industry, whose 
main purpose shall be to train students in the theory and practice of cotton manu- 
facturing in all its branches from the raw cotton to the finished fabric. 

Sec. 2. The said board of directors is hereby invested with full power and author- 
ity to erect the buildings, purchase the necessary machinery and equipment, and 
generally to do and perform all acts necessary to establish and maintain said school 
or department. 

Sec. 3. The sum of $50,000, or so much thereof as may be necessary, is hereby 
appropriated, out of any money in the treasury not otherwise appropriated, for the 
purpose of establishing such school or department. (In effect August 1, 1903.) 



UTAH. 



Constitution (1895), article 10: Section 1. The legislature shall provide for the 
establishment and maintenance of a uniform system of public schools, which shall 
be open to all children of the State and be free from sectarian control. 

Sec. 2. The public school system shall include kiudergarten schools; common 
schools, consisting of primary and grammar grades; high schools; an agricultural 
college; a university, and such other schools as the legislature may establish. 

* * * * * * * ' 

Sec. 4. The location and establishment by existing law of the University of Utah 
and the agricultural college are hereby confirmed, and all the rights, immunities, 
franchises, and endowments heretofore granted or conferred are hereby perpetu- 
ated unto said university and agricultural college, respectively. 

Sec. 5. The proceeds of the sale of lands reserved by an act of Congress approved 
February 21, 1855, for the establishment of the University of Utah and of all the 
lands granted by an act of Congress approved July 16, 1894, shall constitute per- 
raanent funds, to be safely invested and held by the State; and the income thereof 
shall be used exclusively for the support and maintenance of the different institu- 
tions and colleges, respectively, in accordance with the requirements and condi- 
tions of said ac^s of Congress. 

[The following matter is taken from The Revised Statutes of the State of Utah, in force 
January 1, 18S8. Lincoln, Nebr., 1897.] 

Sec. 2064. Members of the governing board of each State institution shall be 
appointed by the governor, with the advice and consent of the senate, except as in 
this title otherwise provided. 

Sec. 2065. A vacancy in a governing board may occur by the expiration of a 
term, by death, by lawful removal from office, by the permanent departure of a 
member thereof from the State, by his incapacity to act, or by his resignation. 
Such vacancy, other than by the expiration of a term, shall be filled by the gov- 
ernor for the remainder of the term, with the advice and consent of the Senate if 
in session. If the senate is not in session the appointment shall be made and 
shall continue until the next regular session of the senate. Each member of the 
board shall hold until his successor shall be appointed and shall have qualified. 

Sec. 2066. No member of the governing board of a State institution nor official 
or enaployee of such institution shall ba pecuniarily interested, directly or indi- 
rectly, in any contract, business, or transaction entered into by or on behalf of the 
institution. 

Sec. 2067. All general supplies for every State institution shall be contracted for 
by the year, except in cases where contracts for certain supplies can not be advan- 
tageously made. Notice shall be given and contracts let in the manner provided 
in the two succeeding sections. 

Sec. 2068. Whenever the needs of a State institution demand a bailding to be 
repaired or erected or any work amounting to more than $200 to be done, the gov- 



LAWS KELATING TO LAISTD-GEANT COLLEGES. 199 

erning board of such institution shall advertise for at least ten days in some news- 
paper published in this State, and having a general circulation herein, for sealed 
proposals for repaii'ing or erecting such building or performing such work in 
accordance with plans and specifications to be had at the office of the board. 

Sec. 2070. The proper pro rata of the biennial appropriation of a State institu- 
tion may be drawn quarterly in advance from the State treasurer on a warrant of 
the State auditor. Warrants must le drawn by the State auditor in favor of the 
treasurer of the governing board of the institution. * * * To obtain such war- 
rants the treasurer of the board * * * must present t:j the State auditor writ- 
ten authorization from the board. 

Sec. 2071. The governing board of each State institution shall make biennially 
to the governor, on the 1st day of January preceding each regular session of the 
legislature, a detailed report showing a statement of its important official acts, 
the growth and condition of the institution, the report of the chief executive 
officer thereof, a list of officials and their salaries, and an estimate of the cash 
value of tlie real and personal property of the institution or of the State in con- 
nection therewith, together with an inventory of the same. 

Sec. 3072. A.t such time, also, each governing board shall furnish to the governor 
and to the State auditor detailed accounts of its receipts and expenditures during 
the preceding two years ending December 31, as well as an itemized estimate of 
the income and requirements of the institution for the coming biennial period. 
Such accounts and estimates must be countersigned by the chief executive officer 
of the institution and by the secretary or clerk of the same, if there is one. If 
such officer or secretary shall fail to so countersign, he shall be liable to a fine of 



Sec. 2073. The Agricultural College of Utah shall continue as now established 
[by act of March 8, 1888] and located at Logan, in the county of Cache. 

Sec. 2074. The leading object of the college shall be to teach branches of learn- 
ing related to agriculture and the mechanical arts and such other scientific and 
classical studies as may promote the liberal and practical education of the indus- 
trial classes in the several pursuits and professions of life. (March 8_, 1888.) 

Sec. 2075. The government and control of the college shall be vested in a board of 
seven trustees. Four members of the board shall be appointed to serve for two years 
and three members for four years, as may be designated by the governor at the 
time of their appointments, such appointments to be made at the expiration of 
the respective terms of the preseiit members; thereafter appointments shall be for 
the term of four years. 

Sec. 2076. The board shall take charge of the general interests of the institution, 
and may sue and be sued in all matters concerning it. The board shall have power 
to enact by-laws and regulations for all concerns of the institution not inconsistent 
with the laws of tlie State; and likewise to appoint a president of the faculty^ 
professors, and such other officers and employees as, in its judgment, may be neces- 
sary, to prescribe their duties, and to determine their salaries. 

Sec. 2077. The board shall have kept an accurate record of its proceedings, whicb 
shall embrace copies of all contracts entered into, and a minute and accurate 
record of all expenditures, shov.'ing the amount paid, to whom j)aid, and for what 
service rendered, and materials purchased, and whether paid on account or in 
performance of contract; and for all payments made vouchers shall be taken. 

Sec. 2078. The board shall have the general control and supervision of the col- 
lege, of the farm perta,ining thereto, and of such i)roperty as may be vested in the 
college by law, of all appropriations made by the State for the stipport of the 
same, a,nd also of lands or personalty that may hereafter be donated by the State,, 
or by the United States, or by any person or corporation, in trust for the promo- 
tion of agricultural and industrial pursuits. 

Sec. 2079. The board shall elect one of its number president, and shall appoint 
a secretary and a treasurer. 

Sec. 2080. The trustees and the treasurer shall qualify by taking the constitu- 
tional oath of office and by giving bonds, with siifficient sureties, to the State of 
Utah in the penal sum of $1,000 each, conditioned for the faithful performance 
of the duties of their respective offices. Such bonds must be a,pproved by and 
delivered to the secretary of state. 

Sec. 2081. Each trustee shall receive as his compensation $4 per diem for each 
meeting of the board at which he shall be present, payable out of any moneys- 
appropriated for the use of the agricultural college, and he shall be allowed for 
traveling expenses mileage at the rate of 10 cents per mile, for one way only, for 
the distance necessarily traveled in attending the meetings of the board. 

Sec. 2082. After the expiration of the terms of the present trustees there shall 
be allowed to members of the board no compensation for their time or services^ 



200 EDUCATIOlSr EEPOET, 1903. 

btit their actual and necessary expenses incurred in the performance of their 
official duties, the account for which shall be verified on oath, shall be paid by the 
State treasurer on the warrant of the State auditor, out of any money in the 
treasury not otherwise appropriated. 

Sec. 2083. The board shall establish in the college an adequate number of 
professorships of the sciences related to agriculture and the mechanical arts. Such 
professorships shall be filled by able and competent professors, aided by such 
assistants, tutors, and other instructors as shall from time to time be necessary. 

Sec. 2084. The president of the trustees, the professors, and such assistants as 
may be designated by the board shall constitute the faculty of the college. The 
titles of such assistants shall be determined by the board. The president of the 
faculty shall be ex officio a member of the State board of education. 

Sec. 2085. Any professor, instructor, officer, or employee of the college shall be 
removable at the pleasure of the board. 

Sec. 2086. In the appointments of professors, instructors, and other officers and 
assistants of said college, and in prescribing the studies and exercises thereof , and 
in every part of the management and government thereof, no partiality or pref- 
erence shall be shown by the board to one sect or religious denomination over 
another, nor shall anything sectarian be taught therein. Persons engaged in 
conducting, governing, managing, or controlling the college in any of its parts 
and its studies and exercises shall faithfully and impartially carry out the 
provisions of this section for the common good. 

Sec. 2087. The course of instruction shall embrace the English language and 
literature, mathematics, engineering, agricultural chemistry, animal and vege- 
table anatomy and physiology, the veterinary art, entomology, geology, and such 
other natural sciences as may bo prescribed, technology, political, rural, and 
household economy, horticulture, moral philosophy, history, bookkeeping, and 
especially the ap]Dlication of science and the mechanical arts to practical 
agriculture. 

Sec. 2088. A full course of study in the institution shall be of not less than four 
years. The board may institute a winter course of lectures for others than students 
of the institution, under necessary rules and regulations. 

Sec. 2089. The academical year shall consist of not less than nine calendar 
months, and it may be divided into such terms by the board as in its judgment 
will best secure the objects for which the college was founded. 

Sec. 2090. No student shall be admitted to the institution who shall not have 
attained the age of 15 years and who shall not have passed a satisfactory examina- 
tion in arithmetic, geography, grammar, reading, spelling, and penmanship. 

Sec. 2091. The board of trustees shall, with the advice of the faculty, prescribe 
the books to be used in the institution and confer for similar or equal attainments 
degrees and testimonials similar to those conferred by agricultural colleges else- 
where. 

Sec. 2092. In connection with the college there shall be established an agricul- 
tural experiment station to conduct original researches into the physiology of 
plants and animals; the diseases to v/hich they may be severally subject, with the 
remedies therefor; the chemical compositions of useful plants at different stages 
of growth; the comparative advantages of rotative croppings as piirsued under a 
varying series of crops; the capacities of new plants or trees for acclimation in the 
State; the analysis of soils and waters; the chemical compositions of manures, 
natural and artificial, with experiments designed to test their comparative effects 
on crops of different kinds; the adaptation and values of grasses and forage plants; 
the compositions and digestibility of the different kinds of feed for domestic ani- 
m;als; the scientific and economic questions involved in the. production of butter 
and cheese; the best methods of irrigation, with experiments designed to show the 
amount of water and number of waterings needed on different soils to produce the 
most abundant crops, and such other researches and experiments as bear directly 
on the agriciTltural industry of the State of Utah. The agricultural station shall 
be conducted in accordance with the provisions of an act of Congress passed 
March 2, 1887. * * * 

Sec. 2093. The board shall take charge of the agricultural experiment station, 
purchase suitable lands, erect needed buildings, and appoint necessary officers and 
assistants to conduct the experiments mentioned in section 2092. It shall cause 
bulletins and reports of the work at such station to be published and mailed, as 
required in the act of Congress aforementioned. 

Sec. 2094. The governor is hereby authorized to make application to the Secre- 
tary of the Treasury to obtain any appropriation made by Congress in pursuance 
of the act above mentioned or of other acts supplementary thereto. Whenever 
the college and agricultural experiment station shall be entitled to any money 



•LAWS RELATING TO LAKD-GEANT COLLEGES. 201 

Tinder the aforesaid or a similar act, the board of trustees shall execute and file with 
the Secretary of the Treasury an agi'eement to expend the money received for the 
sole and exclusive jiurpose expressed in such act and in the manner therein directed 
and to maintain a farm of at least 25 acres in connection with the agricultural 
college. The board shall also execute and file with the said Secretary its bond, in 
the penal sum of $15,000, with two sufficient sureties approved by the State auditor, 
conditioned for the faithful performance of the agreement. 

Seo. 2095. The board of trustees, with the advice of the faculty of the college, 
are hereby authorized and required to hold institutes for the instruction of the 
citizens of the State in variotis branches of agriculture. Such an institute shall 
be held in each county at least once during each school year and at a particular 
time and place designated by the board and faculty. The board shall make rules 
and regulations for organizing and conducting the institutes, and it may employ 
an agent or agents to perform the requisite work in connection with the faculty 
of the college. Courses of instruction at the institutes shall be so arranged as to 
present to those in attendance the results of the raost recent investigations in 
theoretical and practical agriculture 

Sec. 2096. It shall be the duty of those conducting institutes to encourage and 
assist in the organization of local agricultural societies^ At the close of each 
season's institute work the board shall cause to be published in book or pa i^phlet 
form, for free distribution to the farmers of the State, an annual report of such work 
and of the leading papers presented to and of the discussions at the institute 
meetings of the State. 

Sec. 2097. It shall be the duty of the professor in charge of the dairy depart- 
ment of the college to visit and inspect as many as possible of the cheese and but- 
ter factories of the State each year and make a report thereof, to be printed as 
provided in section 2096. 

Sec. 2098. For the institute purposes here mentioned the board may use such 
sum as it may deem proper, not exceeding $1,500 in anyone year, and this amount 
is hereby annually appropriated for that purpose out of any money in the State 
treasury not otherwise appropriated. 

Laws, 1899, chapter 29: Sec. 15. It shall be the duty of the Utah Art Institute, 
through its art lectureship committee, to prepare annually a course of lectures on 
subjects of art, which shall be delivered in whole or in part before the students 
of the agricultural college. * * * It shall be the duty of the art lectureship 
committee to advise with officers of State educational institutions and superin- 
tendents of public schools as to courses in drawing, design, and art, with a view to 
creating a stronger art influence in State educational instittitions. (March 9, 
1899.) 

Laws, 1899, chapter 75: Section 1. The object of this act is the establishment 
and maintenance of a regular winter course of studies for students at the Agri- 
cultural College of Utah, which course shall include studies relating to agricul- 
ture and mechanical arts and such other scientific and classical studies as the 
board of trustees and faculty may prescribe, and the board of trustees is hereby 
empowered and directed to establish such course. 

Sec. 3. The special year of this course shall consist of five calendar months, 
beginning on or about November 1 of each year. (March 16, 1899.) 

Laws, 1903, chapter 41: Section 1, In order to investigate and demonstrate the 
conditions under wliich useful plants may be grown on the dry or arid or non- 
irrigated lands of the State of Utah, and to determine the kind of plants best 
adapted for growth on these lands, there shall be established five experimental 
farms or as many more as may be maintained by the appropriation designated in 
section 7. 

Sec. 2. It shall be the duty of those having said experimental farms in charge 
to secure seeds from this and other countries of the world of plants that are 
thought stiitable for growth on dry lands, and to observe and record the growth, 
yield, and composition of the plants grown from seed so secured; to investigate 
and determine the methods of soil treatment by which the soil water is best con- 
served; to investigate the possibilities of grazing on dry lands which have been 
seeded to different crops, and to undertake such other experiments and demonstra- 
tions as may be deemed advisable, having in view the reclamation of the dry or 
arid lands of the State. 

Sec. 3. ISTot more than one of said experimental farms shall be located in one 
county. The said experimental farms shall be located in districts where there 
are large areas of dry land that may not in the near future be brought under irri- 
gation, and tli^ locations of said experimental farms shall be selected tinder the 
direction of the board of trustees of the Agricultural College of Utah. 

Sec. 4. The actual work of experimentation and demonstration on said experi- 



202 EDUCATION EEPOET, 1903. 

mental farms shall be under the direction of the agricultural experiment station 
of the State agricultural college. The officers of the said State experiment sta- 
tion, after having made selection of the location of the said experimental farms, 
are hereby authorized and required to proceed to carry out the provisions of this 
act. 

Sec. 5. The State experiment station shall prepare and publish, or cause to be 
prepared and published, full and complete annual reports of the work accomplished 
on said experimental farms; an edition of not less than 6,000 copies shall be pub- 
lished annually and distributed free of charge to all State and county officials, 
newspapers, and interested citizens. 

Sec. 6. These experimental farms shall be maintained for a i^eriod of not less 
than five years from the date of the passage of this act. 

Sec. 7. For the purpose of carrying out the provisions of this act the sum of 
$12,500 is hereby appropriated from any moneys in the State treasury not other- 
wise appropriated , and the State auditor shall draw his warrant on the State 
treasurer upon request in writing by the secretary of the board of trustees of the 
Agricultural College of Utah. 

Sec. 8. Whenever the trustees of the agricultural college desire to establish 
an experimental farm in any county, they shall, as a condition precedent, apply 
to the commissioners of such county to provide them with the gratuitous use of 
the required lands for the time needed, and upon the commissioners furnishing a 
requisite lease on suitable land the said trustees may establish such farm. 
(March 6, 1903.) 



VERMONT. 

Acts and Resolves, 1863, joint resolution No. 46: The State of Vermont does 
hereby accept the benefits of an act passed by the Senate and House of Repre- 
sentatives of the United States of America in Congress assembled entitled "An 
act donating public lands to the several States and Territories which may provide 
colleges for the benefit of agriculture and the mechanic arts, " approved July 2, 
1862, and will observe and comply with all the requirements of said act. (October 
29, 1862.) 

Acts and Resolves. 1862, public act No. 17: Section 1. Homer E. Royce * * * 
and John B^ Page * * * are hereby appointed agents in the name and behalf 
of the State of Vermont to obtain and receive from the United States Govern- 
ment all land scrip to which said State may become entitled under an act of the 
Congress of the United States approved July 2, 1862. * * * 

Sec. 2. The aforesaid agents are hereby authorized and required to make such 
examination of the public lands as are subject to private entry, and procure such 
information in relation to the same as they may judge will be useful in the dis- 
posal and location of the scrip mentioned in the first section of this act, and they 
are authorized to sell or assign the same, or any part thereof, upon such terms 
and conditions as they shall deem will be most advantageous to this State: Pro- 
vided, The governor of the State shall approve of all such sales or assignments. 

Sec. 3. The agents appointed by this act shall hold their appointment for one 
year and until their successors shall be appointed, and before entering upon the 
duties of their appointment each shall give his bond with good and sufficient 
surety or sureties to the State of Vermont in the sum of $50,0C0, the said bond to 
be approved by the governor and deposited with the secretary of state, and to be 
in such form as he shall direct and conditioned for the return to the treasury of 
the State of all scrip, money, or other securities obtained or received for the bene- 
fit of this State and for the faithful performance of all the duties of their office. 

Sec. 4. Said agents shall make an annual report to the governor of the State of 
all their doings under this act. 

Sec. 5. The governor of the State is hereby authorized to receive proposals for 
such donations of land, buildings, and funds as maybe tendered from any part of 
the State, or from any person or persons, for the purpose of establishing a college 
according to the provisions of the act of Congress laeretof ore mentioned, and report 
the same to the next legislature. 

*-»**** * 

Sec. 7. All moneys derived from the sale of said lands or scrip mentioned in 
section 2 of this act shall be invested by the treasurer of the State in safe stocks 
yielding not less than 5 per cent upon the par vahie of said stocks, and the interest 
of the fund created by said stocks shall be appropriated for the purposes declared 



LAWS EELATING TO LAND-GRANT COLLEGES. 203 

in the said act of Congress: Provided, That said investments shall always be ma^e 
with the approval of the governor of the State. (J3ecember 1, 1862.) 

Acts and Resolves, 1864, public act No. 90: Section 1. Justin S. Morrill [and 
13 others named] , their associates and successors, are hereby constituted a body 
corporate by the name of the Vermont Agriciiltural College, the leading object of 
which shall be, without excluding other scientific and classical studies and includ- 
ing military tactics, to teach such branches of learning as are related to agricul- 
ture and the mechanic arts in order to promote the liberal and practical education 
of the industrial classes in the several pursuits and professions of life. 

* * ■>:- * * * * 

Sec. 8. When the said college shall have been organized, located, and estab- 
lished, as and for the purposes specified in this act, there shall be appropriated 
and paid to its treasurer each year, on the warrant of the governor, the annual 
interest or income which may be received from the fund created under and by 
virtue of the act of Congress [of July 3, 1862J named in the seventh section of this 
act and the laws of this State accepting the provisions thereof and relating to the 
same. (November 22, 1864.) 

Acts and Resolves, 1865, public act No. 83: Section 1. The University of Ver- 
mont and the Vermont Agricultural College, with such other corporations as may 
hereafter become united therewith, are hereby united and constituted a body cor- 
porate by the name of the ' ' University of Vermont and State Agricultural Col- 
lege," for the purpose of carrying out the objects contemplated in their respective 
charters, and as such shall be and remain a body corporate forever, and as such 
may hold and convey real and personal estate, have a common seal, and have all 
the rights and powers incident to corporations. 

Sec. 2. Each of the two institutions hereby united shall, on or before Decem- 
ber 15 next, elect by ballot nine of their number, who, with their successors, shall 
thereafter constitute its board of trustees and likewise constitute a part of the 
board of trustees of the corporation hereby created, and the nine trustees of the 
said agricultural college so elected shall be divided by lot into three classes: The 
first class, consisting of three members, shall vacate their office at the end of two 
years from their election; the second class, consisting of three members, shall 
vacate their office at the end of four years from the time of their election, and the 
third class, consisting of three members, shall vacate their office at the end of six 
years from the time of their election; and it shall be the duty of the legislature, 
at its session next preceding the time of the expiration of the terms of office of 
said trustees, to elect persons to supply sach vacancies, whose terms of office shall 
continue six years, and it shall be the duty of the said nine trustees of the Uni- 
versity of Vermont to elect successors to fill any vacancy which may occur among 
^heir number, and all the trustees so elected as is hereinbefore provided shall, 
:|.ogether with his excellency the governor of the State, and the president, who 
ghall be ex officio a member, constitute an entire board of trustees of the corpora- 
tion hereby created, who shall have the entire management and control of its 
property and affairs, and in all things relating thereto except in the elections to fill 
vacancies, as aforesaid, shall act together jointly as one entire board of trustees: 
Provided, That all future elections or appointments to said board of trustees shall 
be made with special reference to preventing any religious denominational pre- 
ponderance in said board. 

Sec. 3. Said board of trustees, a majority of whom may constitute a quorum 
for the transaction of business, may confer such honors and degrees as are usually 
given in colleges and universities and any other appropriate degrees, and may 
from time to time, as occasion may require, elect a president, also a secretary, 
treasurer, librarian, professors, instructors, and any other necessary officers, and 
prescribe their duties, salaries, and term of office, and may make all necessary 
by-laws and regulations for the government of themselves and others connected 
with the institution not inconsistent with the provisions of this act, and therein 
prescribe the terms of admission, rates of tuition, modes of study, and course of 
instruction, including any proper regulations for uniform, discipline, and military 
drill, as well as for experimental and practical instruction in the different branches 
of agTicultiiral labor. 

Sec. 4. Said board of trustees shall have the right to use, control, sell, or dispose 
of all the real estate and personal property now belonging to the University of 
Vermont, and belonging to any other institution at the time of its union, if such 
union shall be made with this corporation agreeably to this act, subject, however, 
to the payment of any debts of such institutions existing at the time of such union, 
and subject to any trusts, duties, and obligations connected therewith, and shall 
be entitled to receive and use, for the purposes aforesaid, the rents and uses of 



204 EDUCATION EEPORT, 1903. 

any of the aforesaid lands, including the rents and uses of all such lands as have 
been heretofore reserved in any charter of land in this State for the nse and benefit 
of any college, and may have the same rights in respect to said lands, and to any 
leases of the same, and to any rents arising therefrom that said institutions 
respectively now have, and may maintain suits in their own name, or in the name of 
such new corporation, to recover the same: Provided, That the right of all parties 
shall remain and the same defenses shall be had to such suits as if the same were 
brought in the name and as between the said original parties; and the corporation 
hereby created shall at all times assume, discharge, and perform all the debts, 
duties, trusts, and obligations which said several institutions were subject to at 
the time they became united in said new corporation by virtue of this act. 

Sec. 5. There shall at all times be maintained in the institution hereby cre- 
ated such instruction in the various branches of learning as is contemplated in 
the several charters of each of the institutions hereby united, and more particu- 
larly including a four years' course of studies similar to such as are generally 
tatight in other colleges, and not inferior to that recently taught in said Univer- 
sity of Vermont, and in addition to that which is usually taught in other colleges 
the instruction in this institution shall include such enlarged facilities and 
extended scope and variety in the study of those branches which relate to mili- 
tary tactics, agriculture, and the mechanic arts as shall render the whole instruc- 
tion in conformity with said act of Congress, as well as with the several charters 
aforesaid. 

Sec. 6. Said trustees may, in their discretion, obtain by gift, grant, or other- 
wise, a tract of land which together with the land now owned by the University 
of Vermont shall amount to at least 100 acres, to be used as an experimental farm 
whereon they may make any desirable experiments in the breeding of stock, field 
culture, the analysis and adaptation of soils, and horticultural and botanical 
gardening, or either of them, as they may deem jiroper; and also for the purpose 
of military encampment, target firing, drill, and review; and said trustees may 
use, lease, or dispose of the same, as they may think proper, so as best to promote 
the objects of the institutions. 

And in case said land shall be procured, as aforesaid, a sum not to exceed one- 
tenth of the money which has been received by the State treasurer for the sale of 
land scrip, in pursuance of the act of Congress authorizing the same, shall be paid 
to said board of trustees for the purposes aforesaid: Provided, That no agricul- 
tural labor shall be required of students except by their voluntary agreement or 
consent. 

Sec. 7. Whenever this corporation shall have been duly organized there shall 
be appropriated and paid to its treasurer annually, for the purpose herein men- 
tioned, on the warrant of the governor, the interest or the income which may be 
received from the fund created under and by virtue of the act of Congress. 

Sec. 8. The corporation hereby created shall make annual reports to the legis- 
lature of this State of their condition, financially and otherwise, and make and 
distribute the reports required by the act of Congress herein referred to; and the 
legislature may annually appoint a board of visitors, who may annually examine 
the affairs of said corporation. 

Sec. 9, The permanent location of the institution hereby created shall be in 
Burlington, in said State of Vermont, and the first meeting of the board of 
trustees shall be there held on November 15 next, at 7 o'clock p. m., or if such 
meeting shall not be held at that time it shall be held at such other time and place 
as the governor of this State may appoint, seasonable notice of said appointment 
having been first given to each of the trustees or corporators of the Vermont Uni- 
versity and Vermont Agricultural College. 

Sec. 10. The president and fellows of Middlebury College and the Norwich Uni- 
versity, or either of them, may hereafter, with the assent and concurrence by vote 
of a majority of each of the nine trustees elected as aforesaid, and their successors, 
become incorporated and united with the corporation hereby created by vote of 
their said corporations at any meeting legally warned and holden, and by leaving 
for record in the office of the secretary of the State a true and attested copy of 
such vote or 7otes, and of all the proceedings of the meeting or meetings at which 
the votes aforesaid were passed, and causing the same to be recorded in said office. 

Sec. 11. If at any time the corporation hereby created shall fail substantially 
to carry out the provisions and requirements of this act, the supreme court of this 
State may, at any stated session thereof, having first given due notice to said cor- 
poration, annul and vacate this charter, and in such case, or in case said corpora- 
tion shall otherwise be dissolved, said supreme court may, on application, order 
and decree that the income thereafter to be derived from the proceeds of the sale 
of said land scrip, in the hands of the State treasurer as aforesaid, together with 



LAWS RELATING TO LAISTD-GEANT COLLEGES. 205 

siich amount as may have been paid over by said treasurer f . r the purpose of an 
experimental farm, shall revert to said Vermoit Agricultural College, and all the 
other property and effects which at the time of said union belonged to said other 
institution shall revert to and be the property of the other institution or institu- 
tions which shall have been united and incorporated by or in pursuance of this 
act, and in case more than one such other institution shall have been thus united, 
such other property shall revert to them separately, such specific property to each, 
as said court shall adjudge and decree, having reference in making such decree 
to what was originally owned or contributed l3y each: Provided, That in respect 
to any property or funds hereafter acquired by said new corporation, by gift, 
grant, bequest, or otherwise, the same shall be awarded and distributed to each 
of the institutions hereby incorporated or hereafter united, in such manner as 
said court shall deem just and equitable, having reference to the manner the same 
was acquired, and to any specific trusts or expressed intention of any donors 
made at the time the same was acqiiired. And for the purposes aforesaid, as well 
as for all other purposes, the said several corporations which shall have been 
united by virtue of this act shall be deemed and treated as having continued in 
life, and the several trustees which shall have been elected by each at the time 
they were united, and their sticcessors, shall be deemed and treated to have been, 
since the lime of their elections, the trustees of their respective institutions as 
well as trustees of the united corporation, and, as such trustees, may receive the 
property and effects which may revert to their respective corporations by such 
decree of court, and they and their successors whom they may thereafter appoint 
may continue and manage the affairs of their respective corporations thereafter 
in the same manner as the trustees of each might have done before they were 
united as aforesaid. 

Sec. 12. This act shall take effect whenever the two corporations hereby united 
shall, at a meeting duly warned, vote to accept the same and to surrender and 
relinquish to the corporation hereby created all the property belonging to them, 
whether real or personal, and all the rents, profits, and income therefrom arising, 
including said proceeds from the sale of said land scrip, for the purpose and sub- 
ject to all the rights, trusts, and conditions as in this act provided; and it shall 
be the duty of each of said corporations to cause a copy of the record of such 
votes, duly certified by the secretaries of their respective corporations, to be left 
for record and duly recorded in the office of the secretary of state; whereupon, by 
virtue of such votes, stich property, rents, profits, and income shall become the 
property of the corporation hereby created for the purposes and subject to the 
rights, trusts, and conditions aforesaid, and said property, and the property here- 
after acquired by the corporation hereby created, shall be subject to all the con- 
ditions, immunities, and exemptions now pertaining to the property held by said 
University of Vermont. (November 9, 1865.) 

Acts and Resolves, 1866, public act No. 97: Section 1. The treasurer of the State 
is hereby directed to pay to the treasurer of the corporation of the University of 
Vermont and State Agricultural College, semiannually, on the 1st day of Decem- 
ber and the 1st day of June, on the v/arrant of the auditor, countersigned by the 
governor, for the purpose mentioned in the act [of November 9, 1865, above] of 
which this is an amendment, the interest or income which may be received from 
the fund created under and by virtue of the act of Congress referred to in the said 
act of incorporation. (November 15, 1866.) 

Acts and Resolves, 1878, public act No. 50: Section 1. Any ten or more male 
citizens of this State who shall claim that the University of Vermont and State 
Agricultural College has failed to carry out the provisions and requirements of its 
charter may commence proceedings to have the same inquired into and determined 
by the supreme court, by a written complaint addressed to the supreme court, 
which complaint shall be verified by the oath of one of said complainants, and said 
complainants shall enter a recognizance for the payment of costs to the defendant 
corporation in case costs shall be adjudged on failure of prosecution. Said com- 
plaint shall set forth substantially the particulars in which such alleged failure on 
the part of said corporation consists, which complaint may be presented to the 
supreme court whenever in session or to any judge of the supreme court at any 
time, which said court or judge may make all proper orders for the giving of notice 
of such complaint to said corporation; for the making of answer to such com- 
plaint; for taking the testimony, by deposition or otherwise; for the time and 
place of hearing the cause, and for all other matters necessary to bring svich cause 
to issue, healing, and determination in the supreme court at the earliest practi- 
cable day. 

Sec. 2. Such judge or court may make such complaint returnable to any term 
of the supreme court, wherever sitting, and the court may transfer said cause 



206 EDUCATION REPOET, 1903. 

from coTinty to county for the purpose of securing a more speedy hearing and 
determination thereof. 

Sec. 3. The court in such case may make all necessary and proper orders for per- 
fecting and carrying out its judgments and orders and may enforce its orders by 
execution and by process for contempt, and all questions of costs shall be in the 
discretion of the court. (November 26, 1878.) 

Acts and Resolves, 1886, public act No. 73: Section 1. For the promotion of 
scientific and practical agriculture and for preventing frauds and adulterations in 
commercial fertilizers, foods, feeding stuffs, seeds, and commercial products there 
is hereby established a State agricultural experiment station in connection with 
and under the control of the University of Vermont and State Agricultural Col- 
lege. (November 24, 1886.) 

Acts and Resolves, 1888, No. 260: Section 1. In pursuance of the objects set 
forth in the charter of the University of Vermont and State Agricultural College 
the auditor of accounts is hereby authorized and directed to draw his order on the 
State treasurer in favor of the treasurer of said University of Vermont and State 
Agricultural College (upon the warrant of the governor) semiannually on the 1st 
days of December and June [for] the sum of $3,200 [|3,000?] for the period of four 
years from December 1, 1888, at which date said first semiannual payment shall be 
made, until December 1, 1892, inclusive (of which sum of $6,000 per annum, the 
sum of $3,600 shall) be expended by the said the Univerity of Vermont and State 
Agricultural College (in providing competent instruction in said institution in 
branches of learning related to the industrial arts, and the sum of $2,400) in paying 
the tuition and incidental college charges of 30 students therein, one of whom shall 
be designated and appointed by each senator in the general assembly, such appoint- 
ment to be made by such senator from his respective county, provided any suit- 
able candidate shall apply therefor; otherwise, from any county in the State, and 
all vacancies in such appointments shall be filled by the senator who made the 
appointment vacated, or by his successor in office; said appointments to be made 
in the month of June preceding the commencement of the college course of the 
student so appointed, and whenever any such vacancy shall occur. * * * 

Sec. 2. Whenever any senator from any county shall fail to make an original 
appointment or to fill any vacancy among such appointed students which he is 
authorized to make or fill by section 1 of this act, after one month's notice of his 
right so to do frora the president of said University of Vermont and State Agri- 
cultural College, the trustees of that institution may make such appointment or 
fill such vacancy by appointment from that county if there are any applicants 
therefrom who shall pass the examination required by the rules of said institu- 
tion, and if not, then from any county in the State. (November 27, 1888.) 

Acts and Resolves, 1888, No. 162: The assent of the general assembly of the 
State of Vermont be, and hereby is, given to the purposes of the grants made in 
said act [of Congress of March 2, 1887] , and the action hitherto taken by the trustees 
of the University of Vermont and State Agricultural College in organizing and 
conducting an agricultural experiment station in connection with the said Uni- 
versity of Vermont and State Agricultural College is hereby ratified and con- 
firmed, and the said trustees are hereby authorized to continue to conduct the said 
agricultural experiment station in accordance with the terms and conditions 
expressed in the act of Congress aforesaid. 

Acts and Resolves, 1890, No. 78: Section 1. The assent of the general assembly 
of the State of Vermont be, and hereby is, given to the purposes of the grants of 
moneys authorized by said act of Congress approved August 30, 1890. (Novem- 
ber 19, 1890.) 

Acts and Resolves, 1892, No. 25: Section 1. [Repeats practically the provisions 
of section 1 of the act of November 27, 1888, appropriating $6,000 per annum to the 
University of Vermont and State Agricultural College.] 

* * * * * * * 

Sec. 4. Senators from any county shall in their appointment of candidates for 
scholarships in the University of Vermont and State Agricultural College give 
preference to candidates for the agricultural and industrial department; but if, 
at any time, there are not thirty suitable applicants for said department, then said 
senators may appoint to any other department of said college. (November 4, 1892. ) 

Acts and Resolves, 1898, No. 31: Section 1. All appointments of students here- 
tofore made and designated by the senators in the general assembly * * * 
shall expire in June, 1899. 

Sec. 2. Each senator in the general assembly shall biennially designate and 
appoint one student to [the University of Vermont and State Agricultural Col- 
lege] , and the scholarship thus created shall be for the period of two years. Vacan- 



LAWS RELATING TO LAND-GEANT COLLEGES. 20'7 

cies in such scholarsliips shall be filled by the senators who made the appointment 
vacated, or by his successor in office. 

Sec. 3. If any senator shall have failed to appoint to said scholarship before the 
beginning of the school year next following the expiration of the appointment 
made by his predecessor, after notice by the officers of said institution of such 
expiration and vacancy, the officers of said institution are authorized to designate 
and appoint a student to such scholarship. (November 21, 1898.) 



VIRGINIA. 

[The following matter is taken from The Code of Virginia, 1887 (Richmond, Va., 1887), and the 
Supplement to the Code of Virginia, 1898 (Richmond, Va., 1898).] 

Sec. 1586. The general assembly having accepted the donation of lands prof- 
fered to Virginia by the act of Congress of July 2, 1862, with the conditions and 
provisions therein contained, and the authorities of the State having received 
from the Government of the United States the land scrip she was entitled to 
under said act of Congress, and the board of education having, in conformity with 
the acts of February 7, 1872, and March 19, 1873 [1872] , made sale of the scrip and 
invested the proceeds in the purchase of State bonds, which were directed to be 
set apart and to constitute an education fund, the annual interest whereof was to 
be apportioned as follows, that is to say, one-third thereof to the Hampton Nor- 
mal and Agricultural Institute and two-thirds thereof to the Preston and Olin 
Institute on certain conditions in said act of March 19, 1872, named, one of which 
was that the name of the said Preston and Olin Institute should be changed to 
the Virginia Agricultural and Mechanical College, which has been done accord- 
ingly; and the general assembly having, by act of February 26, 1877, directed the 
bonds aforesaid to be turned over to the second auditor, who was required in lieu 
of the same to substitute a statement prepared and signed in duplicate by the 
treasurer and countersigned by the second auditor showing the number, size, and 
character of said bonds, with the amount of interest due on them severally, which 
statement was to have all the validity and force of the bonds themselves, and that 
the accruing interest should be paid in accordance with the acts already referred 
to, all of which has been done, all of said acts and the proceedings of the State 
officers thereunder are recognized as valid and binding. And it being deemed 
advisable to add to the name of the said college the words ' ' and Polytechnic Insti- 
tute," so that said college shall hereafter be known as the Virginia Agricultural 
and Mechanical College and Polytechnic Institute, it is enacted that the annual 
accruing interest as aforesaid shall continue to be paid until otherwise provided 
by law as follows, that is to say: One-third thereof to the Hampton Normal and 
Agricultural Institute, in the county of Elizabeth City, and two-thirds to the 
board of visitors of the Virginia Agricultural and Mechanical College and Polyr 
technic Institute, in the county of Montgomery, on the conditions prescribed as 
aforesaid. (1871-72, 1872-73, 1895-96.) 

Sec. 1587. A number of students equal to twice the number of members of the 
house of delegates, to be apportioned in the same manner, shall have the privilege 
of attending said college without charge for tuition, use of laboratories, or public 
buildings, to be selected by the school trustees of the respective counties, cities, 
and election districts for said delegates, with reference to the highest proficiency 
and good character, from the white male students of the free schools of their 
respective counties, cities, and election districts, or, in their discretion, from oth- 
ers than those attending said free schools. (1877-78.) 

Sec. 1588. If at any time the said annuity should be withdrawn from the said 
college, the property, real and personal, conveyed and a,ppropriated to its use and 
benefit by the trustees of the Preston and Olin Institute and by the county of 
Montgomery shall revert to the said trustees and to the said county, respectively, 
from which it was conveyed and appropriated. (1871-72.) 

Sec. 1589. The curriculum of the said college shall embrace such branches of 
learning as relate to agriciilture and the mechanic arts, without excluding other 
scientific and classical studies, and including military tactics. (1871-72.) 

Sec. 1590. The said students, privileged to attend the college without charge for 
tuition, use of laboratories, or public buildings, shall continue to be selected for 
the period of two years: Provided, That, on the recommendation of the faculty of 
the said college for more than ordinary diligence and proficiency, any student 
so selected may be continued by the said board of visitors for a longer period. 
(1871-72.) 



208 EDUCATION EEPOET, 1903. 

Sec. 1591. The governor, by and with the advice and consent of the senate, shall 
appoint eight persons, from farmers, mechanics, and graduates of said college, as 
visitors of said college, selecting, if practicable, two from each of the four grand divi- 
sions of the State. Their term of office shall be for four years. The present 
division into two classes, designated as the first class and second class, each com- 
posed of four visitors, shall continue, and when and as the terms of office of the 
present members of each class shall expire the governor shall then and annually 
thereafter, by and with the advice and consent of the senate, appoint successors 
to those whose terms have expired. If a vacancy occiir during the recess of the 
general assembly, the governor shall fill it by appointment for the unexpired term 
of the late incumbent, subject to the ratification of the senate at the next session 
of the general assembly. The eight persons so appointed, together with the super- 
intendent of public instruction, who shall be ex officio member, shall constitute 
the board of visitors. (1879-80, 1889-90, 1891-92. ) 

Sec. 1592. The said corporation shall be and remain a corporation under the 
name and style of the board of visitors of the Virginia Agricultural and Mechan- 
ical College and Polytechnic Institute, and shall at all times be under the control 
of the general assembly. All acts and parts of acts relating to the Virginia Agri- 
cultural and Mechanical College or to the board of visitors of the Virginia Agricul- 
tural and Mechanical College shall be construed as relating to the Virginia Agri- 
cultural and Mechanical College and Polytechnic Institute or the board of visitors 
of the Virginia Agricultural and Mechanical College and Polytechnic Institute. 
(1872-73, 1895-96.) 

Sec. 1593. The board of visitors shall appoint from their own body a rector, 
who shall preside at their meetings, and, in his absence, a president pro tempore. 
They shall also appoint a clerk to the board. A majority of the board shall con- 
stitute a quorum. (1871-72.) 

Sec. 1594. If any visitor fails to perform the duties of his office for one year, 
without good cause shown to the board, the said board shall, at the next meeting 
after the end of such year, cause the fact of such failure to be recorded in the 
minutes of their proceedings, and certify the same to the governor, and the office 
of such visitor shall thereupon be vacant. If so many of such visitors fail to per- 
form their duties that a quorum thereof do not attend for a year, upon a certifi- 
cate thereof being made to the governor by the rector or any raember of the board, 
or by the chairman of the faculty, the offices of all the visitors failing to attend 
shall be vacant. (1871-72. ) 

Sec. 1595. The said board shall meet at Blacksburg, in the county of Montgom- 
ery, at least once a year, and at such other times or places as they shall determine, 
the days of meeting to be fixed by them. Special meetings of the board may be 
called by the governor, the rector, or any three members. In either of said cases 
notice of the time and place of meeting shall be given to every other member. 
(1871-72.) 

Sec. 1596. The said board shall be charged with the care and preservation of the 
property belonging to the college. They shall appoint as many professors as they 
deem proper, and, with the assent of two-thirds of the members of the board, may 
remove any professor or other officer of the college. They shall prescribe the 
duties of each professor and the course and mode of instruction. They shall 
appoint a president of the college, and may employ such agents or servants as may 
be necessary; they shall regulate the government and discipline of the students; 
and generally, in respect to the government of the college, may make such regu- 
lations as they deem expedient, not contrary to law. Such reasonable expenses as 
the visitors may incur in the discharge of their duties shall be paid out of the 
funds of the college. (1871-72, 1879-80. ) 

Sec. 1597. Each jjrofessor shall receive a stated salary, to be fixed by the board of 
visitors, and the board shall fix the fees to be charged for tuition of students other 
than those allowed under this chapter to attend the college free of tuition, which 
shall be a credit to the fund of the college. (1871-73. ) 

Sec. 1598. A portion of the fund [received under the act of July 2, 1862] , not 
exceeding 10 per cent of the proportion assigned to the said college and the said 
institute may be expended, in the discretion of the boards of visitors of the said 
institutions, respectively, in the purchase of lands for experimental farms for 
each of them; and a portion of the accruing interest may be, from time to time, 
expended by the respective boards in the purchase of laboratories suitable and 
appropriate for the said institutions. (1871-72.) 

Sec. 1599. The agricultiiral experimental station established at the said college 
shall be continued, the same to be maintained by sxich appropriations as the Con- 
gress of the United States may make for the purpose. (1885-86.) 

Sec. 1600. The board shall require the treasvirer, or officer in whose hands the 



LAWS EELATING TO LAND-GKANT COLLEGES. 209 

funds of the college may be placed, to give bond in double the amount of tlie 
annual income of the college, payable to the Commonwealth, with condition for 
the faithful discharge of the duties of. his office, which bond, being approved by 
the board and entered at large on its journal, shall be transmitted to the auditor 
of public accounts and remain filed in his office. (1872-73.) 

Sec. 1601. It shall be lawful for the board to accept the subscription of any 
county made under an act to authorize subscriptions in aid of the said college, 
approved March 21, 1872, and also the donation of any individual in aid of the 
purposes and objects of said college; and such donations and subscriptions, when 
made, shall be held by said board in trast for the benefit of said college, on con- 
dition that the same shall revert to the several donors or subscribers, pari passu, 
if at any time the State of Virginia should withdraw from the use of the said col- 
lege the interest accruing on the proceeds of the land scrip, as provided in this 
chapter. (1871-72.) 

Sec. 1602. The said appropriation to the Hampton Normal and Agricultural 
Institute is upon condition that the trustees thereof shall continue to maintain 
and support therein one or more schools or departments wherein the leading 
object shall be instruction in such branches of learning as relate especially to agri- 
culture, the mechanic arts, and military tactics. On January 1, 1889, and on Jan- 
uary 1 in every fourth year thereafter, the governor shall appoint six persons, citi- 
zens of the Commonwealth, three of whom shall be of African descent, as curators 
of the fund appropriated as aforesaid to the said institute. The present cui'ators, 
unless sooner removed, shall continue in office imtil January 1, 1889. 

Sec. 1603. The trustees of said institute may select not less than 100 students, 
with reference to their character and proficiency, from the colored free schools of 
the State, who shall have the privilege of attending the said institute on the same 
terms that State students are allowed to attend the agricultural and mechanical 
college, under section 1590. (1871-72.) 

Sec. 1604. The curators of the said institute shaU appoint a treasurer, who may 
be allowed a reasonable compensation, and who shall be required to enter into 
bond, payable to the Commonwealth, in a penalty at least double the amount of 
the annual income which may arise from the proceeds of the land scrip appor- 
tioned to said institute, and with condition for the faithful discharge of the duties 
of his office. (1872-73.) 

Sec. 1605. The board of education shall pay and turn over to the said treasurer 
for the said institute and to the board of visitors of the Virginia Agricultural and 
Mechanical College all funds received by them for the use and benefit of said 
institutions, respectively; and the second auditor shall draw on the public treasury 
in favor of the said treasurer and board of visitors, respectively, from time to 
time, until otherwise ordered, for the same rate of interest as may be paid by act 
of the general assembly to other incorporated colleges or seminaries of learning in 
this State on all bonds of the Commonwealth, or bonds guaranteed by the Com- 
xaonwealth, held by or for such institutions. (1872-73.) 

Sec. 1606. An annual report shall be made by the president of each of said insti- 
tutions, after the close of each collegiate year, to the board of visitors of the con- 
dition of each institution, its receipts and disbursements during the preceding 
year, the amount of salary paid to each professor, the amount received in tuition 
fees from pay students, any improvements and experiments made, with their 
costs and results, and such other matters, including State, industrial, and econom- 
ical statistics, as may be supposed useful; a copy of v/hich shall be furnished to 
the superintendent of public instruction, to be laid before the general assembly at 
its next regular session. (1871-72.) 

Sec. 1607. The general assembly reserves to itself the power, at any time, to 
repeal or alter any provisions of this chapter and to withdraw from either of said 
institutions the whole or any part of the appropriations made to them, (1871-72.) 

Laws, 1887-88, chapter 284: Section 1. The State of Virginia hereby assents to 
the grants of money made by and in accordance with the act of Congress approved 
March 2, 1887, and accepts the same, subject to the conditions and provisions of 
said act. 

Sec. 2. The board of visitors of the Virginia Agricultural and Mechanical Col- 
lege, at Blacksbitrg, at which an agricultural experiment station has already been 
established, is authorized and empowered to establish in connection with said sta- 
tion such branch stations at such places as in the discretion of said board of vis- 
itors they may deem proper, subject to the approval of the governor. (February 
29, 1888.) 

Laws, 1893-94, chapter 347: Sec. 2. The State of Virginia hereby assents to the 
grants of money made tmder and in accordance with the act of Congress aforesaid, 

ED 1903 14 



210 EDUCATION EEPOET, 1903. 

approved August 30, 1890, and accepts the same; and the legislature of Virginia 
proposes and reports to the honorable Secretary of the Interior of the United 
States that hereafter the funds to be paid to this State, under said act, be appor- 
tioned between the said institutions in the following ratio, viz: One-third thereof 
to the Hampton Normal and Agricultural Institute and two-thirds to the Virginia 
Agricultural and Mechanical College. i 

Sec. 3. The auditor of public accounts shall receive from the Secretary of the 
Interior such sums of money as shall be allotbed to Virginia, and pay over the same 
in the proportion aforesaid to the treasurer of the Hampton Normal and Agricul- 
tural Institute and to the treasurer of the Virginia Agricultural and Mechanical 
College, who shall receive and disburse the same as required by section 2 of the 
act of Congress aforesaid. (February 23, 1894.) 



WASHINGTON. 

Constitution (1889), article 9: Section 1. It is the paramount duty of the State 
to make ample provision for the education of all children residing within its bor- 
ders, without distinction or preference on account of race, color, caste, or sex. 

Sec. 2. The legislature shall provide for a general and uniform system of 
public schools. The public school system shall include common schools and such 
high schools, normal schools, and technical schools as may hereafter be estab- 
lished. * * * 

Sec. 4. All schools maintained or supported wholly or in part by the public 
funds shall be forever free from sectarian control or influence. 

Sec. 5. All losses to the permanent common school or any other State educa- 
tional fund which shall be occasioned by defalcation, mismanagement, or fraud 
of the agents or officers controlling or managing the same shall be audited by the 
proper authorities of the State. The amount so audited shall be a permanent 
funded debt against the State in favor of the particular fund sustaining such loss, 
upon which not less than 6 per cent annual interest shall be paid. * * * 

[Tlie following matter is taken from Ballinger's Annotated Codes and Statutes of "Washing- 
ton, showing all Statutes in Force, including the Session Laws of 1897, by Hon. Richard A. Bal- 
linger. 2 vols. Seattle and San Francisco, 1897.] 

Sec. 2512. The State Agricultural College, Experiment Station, and School of 
Science of the State of Washington, as heretofore located [act of March 9, 1891] 
at Pullman, Whitman County, shall be an institution of learning open to the 
children of all residents of this State, and to such other persons as the board of 
regents may determine, under such rules and regulations as maybe prescribed by 
the board of regents; shall be nonsectarian in character, and devoted to practical 
instruction in agriculture, mechanic arts, and natairal sciences connected there- 
with, as well as a thorough course of instruction in all branches of learning upon 
agricultural and other industrial pursuits. (1891, 1897.) 

Sec. 2513. The governor of the State of Washington, the siiperintendent of pub- 
lic instruction, members of the legislature, and county commissioners shall be 
ex officio visitors of said college. But said visitors shall have no power granted to 
control the action of the board of regents or to negative its duties as defined by 
law. (1890, 1897.) 

Sec. 2514. The course of instruction of said college shall embrace the English 
language, literature, mathematics, philosophy, civil and mechanical engineering, 
chemistry, animal and vegetable anatomy and physiology, veterinary art, ento- 
mology, geology, political economy, rural and household economy, horticiilture, 
moral philosophy, history, mechanics, and such other courses of instriTction as 
shall be prescribed by the board of regents. One of the objects of said college 
shall be to train teachers of physical science, and thereby further the application of 
the principles of physical science to industrial pursuits; to collect information as 
to schemes of technical instruction adopted in other parts of the United States 
and in foreign countries, and to hold farmers' institutes at such times and places 
and under such regulations as the board of regents may determine. (1891, 1897.) 

Sec. 2515. The board of regents shall provide that all instruction given in the col- 
lege shall, to the utmost practicable extent, be conveyed by means of practical work 
in the laboratory, and shall provide in connection with said college the following 
laboratories: One physical laboratory or more, one chemical laboratory or more, 
and one biological laboratory or more, and suitably furnish and equip the same. 
Said board of regents shall provide that all male students shall be trained in mili- 
tary tactics. Said board of regents shall establish a department of said college 



LAWS BELATIJSrG TO LAND-GKANT COLLEGES. 211 

to be designated tlie depai-tment of elementary science, and in connection there- 
witli provide instruction in the following subjects: Elementary mathematics 
(including elementary trigonometry), elementary mechanics, elementary and 
mechanical drawing, and land surveying. Said board of regents shall establish a 
department of said college to be designated the department of agriculture, and in 
connection therewith provide instruction in the following subjects: 
, First. Physics, with special application of its principles to agriculture. 

Second. Chemistry, with special application of its principles to agriculture. 
° Third, Morphology and physiology of plants, with special reference to the com- 
monly grown crops and their fungus enemies. 

Fourth. Morphology and physiology of the lower forms of animal life, with 
special reference to insect pests. 

Fifth. Morphology and physiology of the higher forms of animal life, and in 
particular of the horse, cow, sheep, and swine. 

Sixth. Agriculture, with special reference to the breeding and feeding of live 
stock and the best mode of cultivation of farm produce. 

Seventh. Mining and metallurgy. 

And it shall appoint demonstrators in each of these subjects to superintend the 
equipment of a laboratory and to give practical instruction in the same. Said 
board of regents shall establish an agricultural experimental station in connection 
with the department of agriculture of said college, appoint its officers, and pre- 
scribe such regulations for its management as it may deem expedient. Said board 
of regents may establish other departments of said college and provide courses of 
instruction therein when those are, in its judgment, required for the better car- 
rying out of the object of the college. (1890, 1897.) 

Sec. 2516. The management of said college and experiment station, the care and 
preservation of all property of which such institution shall become possessed, the 
erection and construction of all biiildings necessary for the use of said college and 
station, and the disbursement and expenditure of all money provided for by this 
chapter shall be vested in a board of five regents; said five members of the board 
of regents shall be appointed in the manner provided by law; said regents and 
their successors in office shall have the right of causing all things to be done neces- 
sary to carry out the provisions of this chapter. The board of regents provided 
for in this chapter shall be appointed by the governor, by and with the advice and 
consent of the senate, one for a term of two years, two for a term of four years, 
and two for a term of six years; and each regent shall, before entering upon the 
discharge of his respective duties as such, execute a good and sufficient bond to 
the State of Washington, with two or more sufficient sureties, residents of the 
State, in the penal sum of not less than $5,000 each, conditioned for the faithful 
performance of his duties as stich regent: Provided, That all appointments made 
to fill vacancies caused by death, resignation, or otherwise shall be for the unex- 
pired term of the incumbent whose place shall have become vacant. All other 
appointments made subsequent to the appointment of the first board of regents 
provided for in this act shall be for the term of six years and until the appoint- 
ment and qualification of a successor to each appointee: Provided further , That 
at least three of the members of the board of regents so appointed shall be resi- 
dents of eastern Washington and one shall be a resident of western Washington: 
Provided further, That regents now serving upon such board shall continue as 
such during the term for which they were respectively appointed. (1891, 1897.) 

Sec. 2517. The board, of regents of the agricultural college, experiment station, 
and school of science shall meet and organize by the election of its president and 
treasurer from their own number on the first Wednesday in April of each year. 
The person so selected as treasurer shall, before entering upon the discharge of 
his duties as such, execiite a good and sufficient bond to the State of Washington, 
with two or more sufficient sureties, residents of the State, in the penal sum of 
not less than $40,000, conditioned for the faithful performance of his duties as 
such treasurer and that he will faithfvilly account for and pay over to the person 
or persons entitled thereto all moneys which shall come into his hands as such 
officer, which bond shall be approved by the governor of the State, and shall be 
filed with the secretary of state. The president of the college shall be secretary 
of the board of regents, and shall perform all the duties pertaining to that office, 
but shall not have the right to vote. The secretary shall, in like manner as the 
treasurer, give a bond in the penal sum of not less than $5,000, conditioned for the 
faithful performance of his duties as such officer. (1891, 1897.) 

Sec. 2518. The president of said board shall be the chief executive officer, shall 
preside at all meetings thereof (except that in his absence the board may appoint 
a president pro tempore) , and sign all instruments required to be executed by said 
board. The treasurer shall be the financial officer of said board, shall keep a true 



212 EDUCATIOIsr REPORT, 1903. 

account of all moneys received and expended by him. The secretary shall be the 
recording officer of said board, shall attest all instruments required to be signed 
by the president, and shall keep a true record of all the proceedings of said board, 
and generally do all other things required of him by said board. (1891, 1897.) 

Sec. 2519. The regents shall have the power, and it shall be their duty, to enact 
laws for the government of said agricultural college, experiment station, and 
school of science: Provided, The board of regents shall maintain at least one 
experimental station in the western portion of the State. (1891, 1897.) 

Sec. 2530. The board of regents shall direct the disposition of any moneys 
belonging to or appropriated to the agricultixral college, experiment station, and 
school of science established by this article, and shall malte all rules and regula- 
tions necessary for the management of the same, adopt plans and specifications 
for necessary buildings, and superintend the construction of said building?, and 
fix the salaries of professors, teachers, and other employees, and tuition fees to be 
charged in said college. (1891,1897.) 

Sec. 2521. The agricultural experiment station provided for in this article in 
connection with said agricultural college shall be under the direction of said 
board of regents of said college for the pui'pose of conducting experiments in 
agriculture according to the terms of section 1 of an act of Congress approved 
March 2, 1887. * * * The said college and experiment station shall be entitled 
to receive all the benefits and donations made and given to similar institutions of 
learning in other States and Territories of the United States by the legislation of 
the Congress of the United States now in force or that may be enacted, and par- 
ticularly to the benefits and donations given by the provisions of [the acts of 
Congress approved July 2, 1863, and acts supplementary thereto, March 3, 1887, 
and August 80, 1890] . (1891, 1897.) 

Sec. 2523. The assent of the legislature of the State of Washington is hereby 
given, in pursuance of the requirements of section 9 of said act of Congress 
approved March 2, 1887, to the granting of money therein made to the establish- 
ment of experiment stations in accordance with section 1 of said last-mentioned 
act, and assent is hereby given to carry out within the State of Washington every 
provision of said act. (1891,1897.) 

Sec. 2523. The meetings of the board of regents may be called in such manner 
as the board may prescribe, and the majority of said board shall constitute a 
quorum for the transaction of business; but a less number may adjourn from 
time to time. All meetings of the said board may be held in the office of the 
college buildings. No vacancy in said board shall impair the rights of the 
remaining board. A full meeting of the board shall be called at least once a year. 
(1891, 1897.) 

Sec. 2534. Each member of the board of regents created by this chapter shall, 
before entering upon his duties, take and subscribe an oath to discharge faithfully 
and honestly his duties in the premises and to perform strictly and impartially 
the same to the best of his ability. Said oath shall be filed with the secretary of 
state. (1891,1897.) 

Sec. 2525. The regents shall be allowed their actual and necessary traveling 
expenses in going to and returning from all the necessary sessions of their board, 
and also their necessary expenses while in actual attendance upon the same. 
(1891, 1897.) 

Sec. 2526. The board of regents shall, on or before the Ist day of JSTovember of 
each year, make a full and true report in detail of all their acts and doings during 
the previous year, their receipts and expenditures, the exact status of their insti- 
tution, and other information they may deem proper and useful or which may be 
called for by the governor, which said report shall be made to the governor, who 
shall transmit the same to the succeeding session of the legislature. A copy of 
said rejport shall be furnished to the superintendent of public instruction. (1891, 
1897.) 

Sec. 2527. The treasurer of said board shall make disbursements of the funds 
in his hands on the order of the board, which order shall be countersigned by the 
secretary of the board, and shall state on what account the disbursement is made. 
(1891, 1897.) 

Sec. 2538. No employee or member of the board created by this chapter shall be 
interested pecuniarily, either directly or indirectly. in any contract for any build- 
ing or improvements of said institution, or for the furnishing of supplies for the 
same. (1891, 1897.) 

Sec. 2539. The governor of the State shall be ex officio advisory member of the 
board provided for in this chapter, but shall not have the right to vote nor be 
eligible to office therein. (1891, 1897.) 

Sec. 2530. The board of regents are hereby empowered to grant the usual ac5,- 



LAWS EELATING TO LAISTD-GRANT COLLEGES. 213 

demic and honorai-y degrees, and to issne diplomas therefor, upon the recommen- 
dation made by the faculty. (1895. 1897.) 

Skc. 2531. It shall be the duty of the board of regents herein provided for, as 
soon after their organization as practicable, and as soon as there shall be an 
appropriation therefor in the hands of the State treasurer in any amount sufficient 
to warrant the beginning of the erection of the several buildings herein provided 
for, or any wing or section of the same, to enter into contracts with one or more 
contractors for the erection and construction of such suitable buildings and im- 
provements for the institution created by this chapter as in their judgment shall 
be deemed best, or the funds aforesaid shall warrant, all things considered; such 
contract or contracts to be let after open public notice and competition, imder 
such regulations as shall be established by said board, to the person or persons 
who offer to execute such work on the most advantageous terms: Provided, That 
in all cases said board shall require from contractors a good and sufficient bond 
for the faithful performance of the work and the full protection of the State 
against mechanics' and other liens: And provided further, That the board shall 
not have the power to enter into any contract for the erection of any buildings or 
improvements which shall bind said board to pay out any sum in excess of the 
amount provided for said purpose. (1891, 1897.) 

Sec. 2532. The board provided for in this chapter shall have power in their dis- 
cretion to employ skilled architects and superintendents to prepare plans and 
specifications and to supervise the construction of any of the buildings provided 
for in this chapter and to fix the compensation for such services, subject to the 
provisions and restrictions of this act. (1891, 1897.) 

Sec. 2538. Whenever there shall be any money in the hands of the State treas- 
urer to the credit of any of the specific funds set apart for the institution created 
by this chapter, deemed sufficient by the board to commence the erection of any of 
the necessary buildings or improvements or to pay the necessary running or other 
expenses of said institution, the State auditor, on the request in writing of said 
board shall, and it is hereby made his duty to, draw his warrants in favor of the 
treasurer of said board and upon the State treasury against the specific fund 
belonging to said institution in such sum, not exceeding the amount on hand in 
such specific fund, at such time as said board may deem necessary: Provided, 
That said board shall draw said money as it may be necessary to disburse the same. 
(1891, 1897.) 

Laws, 1895, chapter 167: Section 1. [Makes the professor of veterinary science 
at the agricultural college ex officio State veterinarian.] 

Laws, 1899, chapter 43: Sec. 16. The secretary of state, the professor of agri- 
culture of the agricultural college, and the dairy commissioner are hereby created 
a State board of dairy commissioners ex officio. (March 7, 1899.) 

Laws, 1899, chapter 82: Section 1. The operation and conduct of the agricultural 
experiment station heretofore established at Puyallup, Wash., shall be under the 
supervision and control of the board of regents of the agricultural college and 
school of science, and the State auditor is hereby authorized to audit all claims, 
and, if found correct, to issue warrants upon the State treasurer in payment of 
bills duly authorized by said board as provided by law, and the State treasurer is 
hereby directed to pay the same. (March 13, 1899.) 



WEST vmamiA. 

[The following matter is taken from The Code of West Virginia (fourth edition), compiled 
by John A.. Warth. Charleston, 1900.] 

Chapter 45: Sec. 76. The Agricultural College of West Virginia, located and 
established at Morgantown, in the county of Monongalia, in pursuance of the act 
passed February 7, 1867, entitled "An act for the regulation of the West Virginia 
Agricultural College," shall be and remjiin as so established and located; and 
all the provisions of said act, except so far as the same may be altered by this 
chapter, shall remain in full force and effect to the same extent as if this chapter 
as amended had not been passed. (1872-73. 1881.) 

Sec. 77. The name of said college shall hereafter be "The West Virginia 
University," by which name it shall have and hold all the property, funds, invest- 
ments, rights, powers, and privileges now had and held under the name prescribed 
in the above-recited act. (1872-73, 1881.) 

Sec. 78 [as amended by Laws, 1901, chapter 52, passed February 18, 1901]. For 
the government and control of said university there shall be a board of regents 



214 EDTIOATIOlSr BEPOTIT, 1903., 

consisting of nine persons, co be called "tlie regents of the West Virginia Uni- 
versity. ' ' As such board they may sue and be sued, and Jiave a common seal. The 
said board shall have the custody and control of the property and funds of said 
university, except as otherwise provided by law. They shall have the power to 
accept from any person or persons any gift, grant, or devise of money, land or 
other property intended for the use of the university, and shall, by such acceptance,' 
be trustees of the funds and property which may come into the possession or under 
the control of said board by such gift, grant, or devise, and shall invest and hold 
such funds and property, and apply the proceeds and property in such manner as 
the donor may prescribe by the terms of his gift, grant, or devise. A majority of 
said regents shall constitute a quorum for the transaction of business, except that 
for making arrangements for the erection of buildings or the permanent altera- 
tion thereof, or the appointment to or removal from office of professors, or fixing 
their compensation, or changing any rule or regulations adopted by a majority of 
the board, in which case all of the regents shall be notified in writing by the secre-' 
tary of the board of the meeting place and object of the meeting proposed to be 
held for any of the purposes excepted in this section; and the conference of a 
majority of the regents shall be required. Said board of regents shall consist of 
nine members, who shall be residents and voters of the State. The governor shall,* 
on or before March 15, 1901, or as soon thereafter as convenient, appoint said 
nine regents, who shall be divided into two classes, consisting of four and five 
regents, respectively. The term of oiSce of both classes shall begin on May 1,'^ 
1901 ; and the term of office of the first class shall continue for two years and until 
their successors are appointed and qualified, and the term of the second class shall 
continue for four years and until their successors are appointed and qualified; and 
thereafter the term of office of each class shall be for four years and until their 
successors are appointed and qualified. Any person appointed a regent during the 
recess of the senate shall serve as such until the next meeting of the senate. The 
governor may by appointment fill any vacancy occurring in the board for the 
unexpired term. Not more than six of said regents shall belong to the same 
political party, and not more than one shall be appointed from the same senatorial 
district or county. The term of office of the regents now in office shall expire on' 
April 30, 1901. 

Sec. 79. The board of regents shall from tim.e to time establish such depart- 
ments of education in literature, science, art, agriculture, and military tactics as 
they may deera expedient, and as the funds under their control may warrant, and 
purchase such materials, implements, and apparatus as maybe requisite to proper 
instruction in all said branches of learning, so as to carry out the spirit of the act 
of Congress aforesaid, approved July 2, 1862. (1873-73, 1881.) 

Sec. 80. The said board shall establish and declare such rules and regulations 
and by-laws, not inconsistent v/ith the laws of this State or of the United States, 
as they may deem necessary for the proper organization, the tuition of students 
and good government of said university, and the protection of public property 
belonging thereto. They shall appoint a superintendent of buildings and grounds, 
a secretary for the faculty, and a secretary for said board, and also a treasurer, 
who shall be members of the faculty of the university; and the person so appointed 
shall receive such compensation as the board may determine, not, however, to 
exceed $300 per year. From said treasurer they shall take a bond, with ample 
security, conditioned according to law, for the faithful keeping and disposing of 
such money as is herein or may be hereafter appropriated, and such other money 
as may be allowed by said board to come into his hand from time to time; they 
shall also settle with him annually or oftener if they think best, inspect annually 
all the property belonging to said university and make a full report of the condi- 
tion, income, expenditures, and management of such university annually to the 
governor, to be by him laid before the legislature. (1872-73, 1881, 1887, 1899.) 

Sec. 81. The board shall have power to create a preparatory department to said 
university and establish any other professorships than those indicted [indicated] 
heretofore, if the same be deemed essential; to fix the salaries of the several pro- 
fessors and to remove them for good cause, but in case of removal the concurrence 
of a majority of the regents shall be required, and the reasons for a removal shall 
be communicated in a written statement to the governor. (1872-73, 1881.) 

Sec. 82 [as amended by Laws, 1903, chapter 30] . Besides prescribing the general 
terms upon which students may be admitted, and the course of instruction, the 
regents are still further empowered to admit as regular students of the university 
not more than 225 cadets in the military department. Each member of the senate 
shall be entitled to appoint one cadet from his district on or before June 1 in the 
second year of his term and one cadet on or before June 1 in the fourth year of 
his term. Each member of the house of delegates shall be entitled to appoint one 



LAWS RELATING TO LAND-GRANT COLLEGES. 215 

cadet from his county on or before June 1 next preceding the end of his term. In 
case a cadetship filled by appointment by any member of the legislature shall 
become vacant, the member making the appointment, or his successor, shall fill 
same by a new appointment within the limits of time aforesaid. But no senator 
or delegate shall appoint any cadet until he receives a certificate from the presi- 
dent of the university or the commandant of cadets giving him notice of his right 
to do so, and he shall not have the right to exercise such pov/er of appointment as- 
long as two cadets are accredited to himself and his predecessor, either by original 
appointment or reenlistment. All other cadets necessary to make up the full com- 
plement of the corps shall be appointed by the regents in proportion to their num- 
ber, including vacancies, if any, caused by the failure of any member of the leg- 
islature to make his appointment. Cadets shall not be under 16 years of age and 
shall not be over 21 years of age. Their appointment shall b3 made upon 
undoubted evidence of good m.oral character and sound physical condition. Their 
term of enlistment of service shall be two years, but any cadet at the expiration 
of his first term shall be entitled to reenlist for the further t3rm of two years 
upon giving notice of his intention to the commandant of cadsts at least thirty 
days before the expiration of such term; but not more than 15 cadets shall bo 
appointed from any senatorial district and not more than 8 from any one county. 

Sec. 83. The cadets admitted under the preceding section shall be entitled to 
all the privileges, immunities, educational advantages, and benefits of the uni- 
versity free of charge for admission, tuition, books, and stationery, and ghall con- 
stitvite the public guard of the university and of the public property belonging 
thereto and of the ordnance and ordnance stores and camp and garrison equipage , 
of which a sufficient supply shall be kept in the arsenal belonging to the institu- 
tion. And the professors and the students of the university receiving instruction in 
military tactics and the art of war shall be individually and collectively respon- 
sible for the preservation and safe-keeping of all arms and camp equipage belong- 
ing to said institution. (1872-73, 1881.) 

Sec. 84 [as amended by Laws, 1901, chapter 1 , approved February 23, 1901]. Th& 
regents shall only be allowed the necessary expenses incurred by them in dis- 
charging their duties as such and $4 per diem for each day they niaj be employed 
as such, and an itemized account shall be made a part of their report to the 
governor, and no mileage shall be allowed or paid. 

Sec. 85. The president, board of regents, and faculty may graduate any student 
of the university found (after proper examination) duly qualified, and shall cer- 
tify the same by affixing the seal of the university to his diploma. (1872-73- 
1881.) 

Sec. 86. The fund derived from the sale of United States land warrants which 
have been donated to this State for the purpose of endowing an agricultural col- 
lege shall be invested by the governor in a loan of public stock of the United 
States, or otherwise, as required by Congress, for the use and benefit of the said 
university. (1872-73, 1881.) 

Sec. 86a. I. The State of West Virginia hereby assents to and accepts from th& 
Government of the United States the grants of money authorized by said act of 
Congress [of March 2, 1887] , and assents to the purpose of said grants. 

II. The bulletins and annual reports required to be published under section 4 
of said act shall be printed at the expense of the State, by the State printer, in 
such editions or numbers as the mailing list of the experiment station shall indi- 
cate as being required, and shall be distributed by the station free of all charge- 
to farmers and other citizens of the State deserving the same. (1889.) 

Sec. 986. I. The legislature of the State of West Virginia hereby accepts for 
said State the terms and provisions of the said act of the Congress of the United 
States approved August 30, 1890, for the objects and purposes mentioned and 
declared therein, and designates the " West Virginia University," established in 
pursuance of the act of the Congress of the United States passed July 2, 1862, and 
a subsequent act passed by said Congress on April 19, 1864, at Morgantown,inthe 
county of Monongalia, in this State, as the beneficiary of said appropriation for 
the instruction of white students; and an institution to be located and provided 
for the purpose as hereinafter required and directed in the county of Kanawha^ 
to be called " The West Virginia Colored Institute," for the beneficiary of said 
appropriation for the instruction of colored students; to be paid to each in the 
proportion mentioned in the preamble to this act. [For the West Virginia Col- 
ored Institute, $3,000 per annum for five years, and after that time $5,000 as long 
as the appropriation continues.] And the said institution, by the name of " The 
West Virginia Colored Institute," shall have and hold all the property, funds, 
rights, powers, and privileges hereinafter mentioned. 

II [as amended by Laws, 1901, chapter 50, approved February 20, 1901] . For the 



216 EDU CATION EEPOET, 1903. 

government and control of said institute there shall be a board of regents, consist- 
ing of the State superintendent of free schools and six other competent persons, 
not more than four of whom shall belong to the same political party, to be called 
the ''regents of the West Virginia Colored Institute," and as such board they 
may sue and be sued, plead and be impleaded, and have a common seal. The gov- 
ernor shall, between March 15 and May 15, 1901, and every four years thereafter, 
nominate and, by and with the advice and consent of the senate, appoint said six 
regents, whose term of office shall begin on June 1 next following their appoint- 
ment and continiie for four years and until their successors are appointed and 
qualified. Vacancy in the office of regent shall be filled by appointment by the 
governor for the unexpired term. The term of office of the regents now in office 
shall expire on May 31, 1901. Said board shall have the care, custody, and control 
of the property and funds of the institute, and may accept, from any person or 
persons, gifts of money or property for the use of said institute, and all such 
money and property, when so received by them, shall be held in trust by them for 
the use and benefit of the institute, and applied thereto as the donors may have 
directed, and, if no such directions have been given, as a majority of the regents 
may determine. 

III. The board of regents shall from time to time establish such departments of 
education in literature, science, art, and agriculture, not inconsistent with the 
terms of the several acts of Congress hereinbefore referred to, as they may deem 
expedient and as the funds under their control will warrant, and purchase such 
materials, implements, and apparatus as may be requisite to the proper instruc- 
tion of said colored students in all said branches of learning as to carry out the 
intent and purposes of said acts of Congress. 

IV [as amended by Laws, 1901, chapter 1 , approved February 23, 1901] . The said 
board shall establish and declare such rules, regulations, and by-laws, not incon- 
sistent with the laws of the United States or of this State, as they may deem nec- 
essary for the proper organization, the tuition of the students, and the good govern- 
raent of the institute and the protection of the property belonging thereto. The 
regents shall only be allowed the necessary expenses incurred by them in discharg- 
ing their duties as such and $4 per diem for each day they may be employed as such, 
and an itemized account shall be made a part of their report to the governor, and 
no mileage shall be allowed or paid. 

V. The treasurer of this State is hereby designated as the officer to receive from 
the Secretary of the Treasury of the United States the said several sums of money 
so to be paid to this State aforesaid for the uses and purposes aforesaid. He shall 
keep an exact account of the moneys so received, and shall place to the credit of 
each of said beneficiaries thereof its due proportion of the same. The sums so 
placed to the credit of the West Virginia University shall be paid out by him on 
the orders of the board of regents thereof, and the sums so placed to the credit 
of the West Virginia Colored Institute shall be paid out by him on the orders of 
the board of regents of said institute. And said treasurer shall include in his 
biennial report to the governor a statement of his receipts and disbursements 
under the provisions of this act. 

VI. It shall be the duty of the board of the school fund to proceed with all 
reasonable dispatch to procure the necessary quantity of farming land, not exceed- 
ing 50 acres in all, in some suitable and proper locality in the county of Kanawha, 
with the title thereto clear and unquestionable, and to erect the necessary build- 
ings and make the necessary improvements thereon for the purposes of this act, 
and to comply in good faith with the terms and conditions and to carry into 
effect the objects and purposes of the act of Congress in making said appropriations. 

VII. And in order to enable said board to perform the duties required of them 
by this act the sum of $10,000 is hereby appropriated and placed at their disposal, 
payable out of any money in the treasury not otherwise appropriated: Provided, 
That said board may, in their discretion, borrow the said sum of $10,000 from the 
"school fund," mentioned in section 4 of article 13 of the constitution of this 
State, at 6 per cent interest per annum, and execute the bonds of the State there- 
for, payable with interest as aforesaid not more than ten years from the date 
thereof. (1891.) 

Sec. 98&5. Besides prescribing the general terms upon which students may be 
admitted, and the course of instruction, the regents are still further empowered to 
admit as regular students or cadets of said institution not more than 60 students, 
of whom each regent may appoint not more than 13 who are not less than 16 years 
of age nor more than 21 , whose term of service shall not be less than two nor more 
than five years; which appointment shall be made upon undoubted evidence of good 
moral character and sound physical condition. The cadets admitted under the 
provisions of this section shall be entitled to all the privileges, immunities, educa- 



LAWS EELATING TO LAND-GBANT COLLEGES. 217 

tional advantages, and benefits of the institute free of charge for admission, tui- 
tion, books, and stationery, and shall constitute the public guard of the institute, 
and of the public property belonging thereto, and of the ordnance and ordnance 
stores and camp and garrison equipage, of which a sufficient supply shall be 
kept in the arsenal belonging to the institution. And the professors and the 
students of the institute receiving instruction in military tactics and the art of 
war shall be individually and collectively responsible for the preservation and 
safe-keeping of arms and camp equipage belonging to said institution. (1899.) 



WISCONSIN. 

[The following matter is taken from the "Wisconsin Statutes of 1898, enacted at the adjourned 
session of the legislature commencing August 17, 1897, and approved August 20, 1897. In effect 
September 1, 1898. Edited and annotated by Arthur L. Sanborn and John R. Berryman. 2 vols. 
Chicago, 1898.] 

Sec. 377. There is established in this State, at the city of Madison, an institution 
of learning by the name and style of " The University of Wisconsin." 

Sec. 378 [as amended by Laws, 1901, chapter 255, approved May 2, 1901]. The 
government of the university shall vest in a board of regents, to consist of one 
member from each Congressional district and two from the State at large, at least 
one of whom shall be a woman, to be appointed by the governor. The State super- 
intendent and the president of the university shall be ex officio members of said 
board. Said president shall be a member of all the standing committees of the 
board, but shall have the right to vote only in case of a tie. The term of office 
of the appointed regents shall be three years from the first Monday in February in 
the year in which they are appointed unless sooner removed by the governor, but 
appointments to fill vacancies before the expiration of the term shall be for the 
residue of the term only. 

Sec. 379 [as amended by Laws, 1903, chapter 260] . The board of regents and their 
successors in office shall constitute a body corporate by the name of " the regents 
of the University of Wisconsin," and shall possess all the powers necessary or 
convenient to accomplish the objects and perform the duties prescribed by law, 
and shall have the custody of the books, records, buildings, and all other property 
of said university. The board shall elect a president and a secretary, who shall per- 
form such duties as may be prescribed by the by-laws of the board. The secretary 
shall keep a faithful record of all the transactions of the board and of the execii- 
tive committee thereof. It shall be the duty of the State treasurer to have the 
charge of all securities for loans and all raoneys belonging to the university or in 
any wise appropriated by law to its endowment or support, to collect the interest 
on all securities held by him, to pay out moneys only upon the warrant of the sec- 
retary of state as provided by law, to keep the same and the accounts thereof sep- 
arate and distinct from other public funds, and particularly distinguish the 
accounts of every fund, according to the nature thereof, coming to his charge, 
whether created by law or by private bounty, and to discharge these and other 
appropriate functions relating thereto subject to such regulations as the board 
may adopt not inconsistent with his official duties, and he and his sureties shall be 
liable on his official bond as State treasurer for the faithful discharge of sixch 
duties. 

Sec. 380. The time for the election of the president and secretary of said board 
and the duration of their respective terms of office, and the times for holding the 
regular annual meeting and such other meetings as may be required, and the 
manner of notifying the same shall be determined by the by-laws of the board. 
A majority of the board shall const! ttite a quorum for the transaction of busi- 
ness, but a less number may adjourn from time to time. (1866.) 

Sec. 381. The board of regents shall enact laws for the government of the uni- 
versity in all its branches; electa president and the requisite number of profes- 
sors, instructors, officers, and employees, and fix the salaries and the term of 
office of each , and determine the moral and educational qualifications of appli- 
cants for admission to the various courses of instruction; but no instruction either 
sectarian in religion or partisan in politics shall ever be allowed in any depart- 
ment of the university; and no sectarian or partisan tests shall ever be allowed or 
exercised in the appointment of regents or in the election of professors, teachers, 
or other officers of the university, or in the admission of students thereto, or for 
any purpose whatever. The board of regents shall have power to remove the 
president, or any professor, instructor, or officer of the university when, in their 
judgment, the interests of the university require it. The board may prescribe 



218 EDUCATION EEPOET, 1903. 

rules and regulations for the management of the libraries, cabinet, museum, 
laboratories, and all other property of the university and of its several depart- 
ments, and for the care and preservation thereof, with penalties and forfeitures by 
way of damages for their violation, which may be sued for and collected in the 
name of the board before any court having jiirisdiction of such action. They 
shall employ a competent preceptress for the building known as "ladies' hall " 
(which shall be used for and by the female students attending the university, and 
not otherwise) , who shall have charge and general supervision thereof under such 
regulations as the board may have made or shall adopt, at a salary of not more 
than $1,500 per year: Provided, That said preceptress shall perform such duties 
and teach such classes as the board may from time to time require. 

Sec. 382. The board of regents are authorized to expend such portion of the 
income of the university fund as they may deem expedient for the erection of 
suitable buildings and the purchase of apparatus, a library, cabinets, and addi- 
tions thereto, and if they deem it expedient may receive in connection with the 
university any college in this State, upon application of its board of trustees; and 
such college so received shall become a branch of the university and be subject to 
the visitation of the regents. (Rev. Stat., 1858.) 

Sec. 383. At the close of each biennial fiscal term the regents, through their 
president, shall make a report in detail to the governor and the legislature, exhibit- 
ing the progress, condition, and wants of each of the colleges embraced in the 
university, the course of study in each, the number of instructors and students, 
the amount of receipts and disbursements, together with the nature, cost, and 
results of all important investigations and expei'iments, and such other informa- 
tion as they may deem important, one copy of which shall be transmitted free by 
the secretary of state to all colleges endowed under the provisions of the act of 
Congress * * * approved July 2, 1862, and also one copy to the Secretary of 
the Interior, as provided in said act. The board shall also report to the governor 
as often as may seem desirable the important results of investigations conducted 
by the director of Washburn Observatory and by other investigators connected 
with the university, and also the results of such experiments therein relating to 
agriculture or the mechanic arts as said board may deem to be of special value to 
the agricultural and mechanical interests of the State. With the approval of the 
governor such number of copies as he shall direct, and of the Washburn Observa- 
tory reports not more than 700 copies, may be printed by the State printer in 
separate form, on good paper, and with such appropriate quality of binding as 
the commissioners of public printing shall order. Eight hundred copies of each 
of said reports, when so directed by the governor, except those of the Washburn 
Observatory, shall be delivered to the legislature, and the remainder be used in 
exchange for the publications of other institutions and for such other public pur- 
poses as the regents may order. 

Sec. 383a [as amended by Laws, 1903, chapter 260] . All moneys which shall be 
derived to the university from gifts or other bounties; from fees of students in 
any form, less any rebates allowed under authority of the board; frora sales of 
farm products or any articles of personal property of whatever kind; from publi- 
cations or advertisements in publications of the university; from fees for services 
rendered in any manner; from sales or rents of real property, or from any source 
whatever other than in cases by law required to be paid to the State treasurer, 
may be paid to the secretary of the board in all cases where the board shall 
authorize him to receive the same; and stich secretary shall, at least_ as often as 
once a week, pay into the State treasury the entire amount of such receipts by him, 
and shall on or before the 10th day of each calendar month deliver to the State 
treasurer an itemized account of such receipts during the preceding calendar 
month, showing the amount of each sum so received by him, the date thereof, the 
person from whom received, for what received, and the i)articular fund or account 
to which the same belongs, save that the details of small receipts may be omitted 
and the account made summary in such cases and to such extent as the secretary 
of state shall prescribe by forms therefor, and shall verify the correctness thereof 
by his affidavit thereto appended, and a duplicate thereof he shall at the same 
time file with the secretary of state. Such accotmt shall be made tipon forms to 
be prepared and furnished by the secretary of state. The regents may require of 
their secretary such bond in such sum and with such sureties as they shall think 
fit and its renewal when deemed desirable, and may prescribe regulations for 
the discharge of all such duties not inconsistent with law. The secretary of state 
shall audit and give his vfarrant on the State treasurer for all accounts certified 
to him by the board or its executive committee, in the manner herein provided. 
All salaries for instructional or administrative service, and also allowances to fel- 
lows and scholars, which have been fixed by the board, shall be certified at peri- 



LAWS EELATING TO LAND-GRANT COLLEGES. 219 

odical intervals according to the laws of the board, upon rolls showing tJae name 
of the person entitled to receive the same, the amount of his fixed annual salary 
or allowance, and that the sum so certified is then due him according to the 
method of periodical payment established by the board ; upon which certified roll 
the secretary of state shall issue his warrant to each person therein named for the 
amount so certified to be due to him. Payments to janitors, laborers, and all 
other employees, and also to all persons from whom milk and products for the 
dairy are purchased, shall be made upon rolls showing the name of the party 
entitled, for what service or object, to what fund chargeable, and the amounts 
respectively due each, which shall bs likewise certified to the secretary of state to 
be correct and due, and he shall issue thereon his warrant for the amount due 
each person upon such roll to each such person. Every other claim or account 
shall state the nature and p:irticulars of the service rendered or material fur- 
nished and be verified by the affidavit of the claimant or his agent and filed with 
the secretary of the regents; and a roll showing the name of each such person, for 
what service or object, to what fund chargeable, and the amount allowed to and 
due him, shall be certified, as aforesaid, to the secretary of state; upon which he 
shall issue his warrant for the proper amount to the person entitled thereto. The 
board may enact laws to govern all such business not inconsistent with law, and 
all forms shall be prepared and furnished by the secretary of s'.ate. All warrants 
issued pursuant to this section shall be labeled ' ' University warrant ' ' and num- 
bered in consecutive order. All gifts, bounties, and moneys paid in and appro- 
priations made by law for the university, its endowment, aid, or support, when 
received by the State treasurer shall be at once credited to the proper fund, and if 
received as part of the general fund shall be forthwith transferred by warrant to 
the proper university account, and shall all thenceforth be held solely for the 
respective uses to which the same is by law appropriated, and shall never be em- 
ployed, diverted to, or paid out for any other use or purpose. 

Sec. 384. The president of the university shall be president of the several facul- 
ties and the executive head of the instructional force in all its departments; as 
such he shall have authority, subject to the board of regents, to give general direc- 
tion to the instruction and scientific investigations of the several colleges, and so 
long as the interests of the institution require it he shall be charged with the duties 
of one of the professorships. The immediate government of the several colleges 
shall be intrusted to their respective faculties, but the regents shall have the power 
to regulate the courses of instruction and prescribe the books or works to be used 
in the several courses, and also to confer such degrees and grant such diplomas as 
are usual in universities or as they shall deem appropriate, and to confer upon the 
faculty by by-laws the power to suspend or expel students for misconduct or other 
cause prescribed in such by-laws. (1866, 1889.) 

Sec. 385. The object of the University of Wisconsin shall be to provide the means 
of acquiring a thorough knowledge of the various branches of learning connected 
with literary, scientific, industrial, and professional pursuits, and to this end it shall 
consist of the following colleges or departments, to wit: 

1. The college of letters and science. 

2. The college of mechanics and engineering. 

3. The college of agriculture. 

4. The college of law. 

5. Such other colleges, schools, or departments as now are or may from time to 
time be added thereto or connected therewith. 

Sec. 386. The college of letters and science shall embrace liberal courses of 
instruction in language, literature, philosophy, and science, and may embrace such 
other branches as the rer,ents cf the university shall prescribe. The college of 
mechanics and engineering shall embrace practical and theoretical instruction in 
the various branches of mechanical and engineering science and art, and may 
embrace such additional branches as the regents may determine. The college of 
agriculture shall embrace instruction and experimentation in the science of agri- 
culture and in those sciences which are tributary thereto, and may embrace such 
additional branches as the board of regents shall determine. The college of law 
shall consist of courses of instruction in the principles and practices of law, and 
may include such other branches as the regents may determine. 

Sec. 387. The university shall be open to female as well as to male students, 
under such regulations and restrictions as the board of regents may deem proper; 
and all able-bodied male students in whatever college therein may receive instruc- 
tion and discipline in military tactics, the requisite arms for which shall be fur- 
nished by the State. Any person who has graduated from a regular collegiate 
course at the university and after such graduation shall furnish evidence to the 
State superintendent of good moral character and of successful teaching for one 



220 EDUCATION EEPOET, 1903. 

school year in a public school of this State, may have his diploma countersigned 
by said superintendent, which shall then have the force and effect of a limited 
State certificate, subject to the exercise of the power vested in the State superin- 
tendent to revoke the right given by his signature to such diploma. (1866, 1867, 
1878, 1895.) 

Sec. 388 [as amended by Laws, 1901, chapter 344]. No student who shall have 
been a resident of the State for one year next preceding his admission at the 
beginning of any academic year shall be required to pay any fees for tuition in 
the university except in the law department and for extra studies. The regents 
may prescribe rates of tuition for any pupil in the law department, or who shall 
not have been a resident as aforesaid, and for teaching extra stVidies. Attendance 
at the university shall not of itself be sufficient to effect a residence. 

Sec. 389 [as amended by Laws, 1903, chapter 260] . For the support and endow- 
ment of the university there is annually and permanently appropriated: 

1. The university fund income and all other sums of money appropriated bylaw 
to such fund. 

2. The agricultural college fund income. 

3. All such contributions as may be derived from public or private bounty. 
The entire income of all said funds shall be placed at the disposal of the board 

of regents, thenceforth to be independent and distinct of the accounts of the State 
and for the support of the aforesaid colleges or departments of arts, of letters, and 
such other colleges and departments as shall be established in or connected with 
the university; but all means derived from other public or private bounty shall be 
exclusively devoted to the specific objects for which they shall have been designed 
by the grantor; and all gifts, grants, bequests, and devises for the benefit or advan- 
tage of the university or any of its departments, colleges, schools, halls, observa- 
tories, or institutions, or to provide any means of instruction, illustration, or knowl- 
edge in connection therewith, whether made to trustees or otherwise, shall be 
legal and valid and shall be executed and enforced according to the provisions of 
the instrument making the same, including all provisions and directions in any 
such instrument for accumulation of the income of any fund or rents and profits 
of any real estate without being subject to the limitations and restrictions pro- 
vided by law in other cases; but no such accumulation shall be allowed to produce 
a fund more than twenty times as great as that originally given. All such gifts, 
grants, devises, or bequests may be made to the regents of the university or to the 
j)resident or any officer thereof, or to any person or persons as trustees, or may be 
charged upon any executor, trustee, heir, devisee, or legatee, or raade in any other 
manner indicating an intention to create a trust, and may be made as well for the 
benefit of the university or any of its chairs, faculty, departments, colleges, 
schools, halls, observatories, or institutions, or to provide any means of instruction, 
illustration, or knowledge in connection therewith, or for the benefit of any class 
of students at the university or in any of its departments, whether by way of 
scholarship, fellowship, or otherwise, or whether for the benefit of students in any 
course, subcourse, special course, post-graduate course, summer school or teach- 
ers' course, oratorical or debating course, laboratory, shop, lectureship, drill, 
gymnasium, or any other like division or department of study, experiment, 
research, observation, travel, or mental or physical improvement in any manner 
connected with the university, or to provide for the voluntary retirement of any 
of its faculty. And it shall not be necessary in case of any such gift, grant, 
devise, or bequest to exactly or iDarticularly describe the members of the class, 
group, or nationality of students intended to be the beneficiaries, but it shall be 
sufficient to describe the class or group; and in case of any such gift, grant, devise, 
or bequest the regents shall divide and graduate the students at the university into 
such classes or divisions as may be necessary to select and determine those belong- 
ing to the class intended by such gift, grant, devise, or bequest, and shall deter- 
mine what particular persons are within or intended by the same. It shall be suf- 
ficient in any such gift, grant, devise, or bequest to describe the beneficiaries as 
belonging to a certain course, subcourse, department, or division of the university, 
or as those pursuing certain studies, speaking or writing a certain language or 
languages, belonging to any nationality or nationalities, or to one of the sexes, or 
by any other description, and in such case the regents shall determine the persons 
so described as hereinbefore provided. 

Sec. 390 [as amended by Laws, 1899, chapter 170, and Laws, 1901, chapter 332]. 
There shall be levied and collected annually a State tax amounting to the sum of 
$289,000, which amount when so levied and collected is annually appropriated to 
the university fund income to be used ?s a part thereof for current or administra- 
tion expenditures, and for the instruction in the order of the greatest need there- 
for of such additional buildings and works and the enlargement and repair of 



LAWS DELATING TO LAND-aRANT COLLEGES. 221 

buildings and works as in the judgment of the regents shall be absolutely required 
and can be completed within the appropriations so made: Provided, That $40,000 
of the said annual appropriation shall bo applied annually to the uses of the col- 
lege of agriculture; also that $22,500 thereof shall be applied annually to the uses 
of the college of mechanics and engineering; also that $3,500 thereof shall be 
applied anmially to the uses of the new school of commerce; also that $3,000 
thereof shall be applied annually to the uses of the summer school of science, 
literature, language, and pedagogy in connection with the university, authorized 
by section 392a; also that $1,000 thereof shall annually be ajjplied to the piirchase 
of boolrs for the use of the law library of the university; and also that $13,000 of 
the said annual appropriation shall annually be applied and used in adding facili- 
ties for and establishing and maintaining courses of instruction in railway and 
electrical engineering in the university. The commissioners of public lands may 
direct the State treasurer from time to time to set apart by way of loan to the 
fund known as the university fund income for university uses from uninvested 
moneys in the trust funds for the period while so uninvested, such amount not 
exceeding at any time the sum of $75,000, as in their judgment shall be i^rudent, 
such loans to be repaid to the trust funds from the appropriation hereinbefore 
made to the university fund income, with interest at the rate then required on 
deposits made pursuant to sections 160a to 160f , inclusive. 

"Sec. 391. The sum of $3,000 shall be set apart annually from the receipts of the 
tax first mentioned in the preceding section for the maintenance of the astro- 
nomical observatory on the university grounds, to be expended by the rogents in 
astronomical work and instruction. And a like sum is annually appropriated out 
of the general fund to the board of regents for the purpose of enabling said board 
to employ and maintain a director of the Washburn Observatory. (1876.) 

Sec. 392. The regents shall each receive the actual amount of his expenses in 
traveling to and from and in attendance upon all meetings of the board or incurred 
in the performance of any duty in pursuance of any direction of the board. 
Accounts for such expenses, duly authenticated, shall be audited by the board and 
be paid on their order by the treasurer out of the university fund income. No 
regent shall receive any pay, mileage, or per diem except as above prescribed. 
(1866.) 

Sec. 392a. The board of regents may maintain the summer school of science, 
literature, language, and pedagogy heretofore established in connection with the 
tiniversity: Provided, That all teachers employed therein shall be designated by 
the State superintendent and the president of the university. 

General laws, 1863, chapter 265: Section 1. The lands, rights, povv^ers, and privi- 
leges granted to and conferred upon the State of Wisconsin by an act of Con- 
gress * * * approved July 2, 1862, are accepted by the State of Wisconsin 
upon the terms, conditions, and restrictions contained in said act of Congress. « 
(April 2, 1863.) 

Laws, 1885. chapter 9, as amended by Laws, 1887, chapter 62: Section 1. The board 
of regents of the State university is hereby authorized to hold institutes for the 
instruction of citizens of this State in the various branches of agriculture. Such 
institiites shall be held at such times and at such places as said board may direct. 
The said board shall make such rules and regulations as it may deem proper for 
organizing and conducting such institutes, and may employ an agent or agents 
to perform such Avork in connection therewith as they deem best. The course of 
instruction at such institutes' shall be so arranged as to present to those in attend- 
ance the results of the most recent investigations in theoretical and practical 
agriculture. 

Sec. 2. For the purposes mentioned in the preceding section the said board may 
use such sum as it may deem proper, not exceeding the sum of $12,000 in any one 
year, from the general fund, and such amount is hereby annually appropriated for 
that purpose. (March 16, 1887.) 

Laws, 1889, joint resolution No. 5: We hereby accept in behalf of the State of 
Wisconsin the grant of all moneys and all benefits accruing under the act of Con- 
gress known as the agricultural experiment station bill, approved March 2, 1887, 
for the use of the agricultural experiment station of the University of Wisconsin, 
and we designate the regents of the said university to receive the same. 

The governor is hereby requested to forward a certified copy of these resolutions 
to the Secretary of the Treasury of the United States. 

Laws. 1891, joint resolution No. 3: Legislative assent be and is hereby given to 
the purposes and provisions of an act of Congress approved August 30, 1890, 

« The income from this land grant was appropriated to the University of WiS' 
consin by an act of the legislature approved April 12, 1866. 



222 EDUCATION EEPOET, 1903. 

* * * this resolution being intended to constitute the legislative assent required 
by section 2 of said act. 

Laws, 1901, chapter 97: Section 1. * * * The several boards having control 
of the charitable and penal and educational institutions of the State, including the 
normal schools and State university, shall, on or before the 10th day of January 
in each odd-numbered year, make and deliver to the governor a brief, succinct, 
detailed report of all receipts and expenditures in their respective offices, boards, 
bureaus, or departments for the biennial term ending the first Monday of January. 

Sec. 2. The * * * regents of State university and normal schools shall in 
each odd-numbered year, on or before the 10th day of January, make and deliver 
to the governor in tabular form a complete, concise, and detailed report of the 
expenses of conducting such * * * normal schools and State university for 
each year of the biennial term, ending on the first Monday in January preceding 
the date of such report, and shall accompany such report with a like detailed state- 
ment or report of the receipts and expenses of conducting such office, bureau, 
or department for the corresponding years of the two preceding biennial terms. 
(March 28, 1901.) 

Laws, 1903, chapter 344: Section 1. There shall be levied and collected annu- 
ally an additional State tax amounting to the sum of $48,500, which amount when 
so levied and collected is annually appropriated to the university-fund income, to 
be used as a part thereof, for current expenditures: Provided, That $7,500 thereof 
shall be applied annually to the uses of the college of agriculture, $7,500 thereof 
to the uses of the college of engineering, $4,000 thereof to the uses of the school 
of commerce; $5,000 thereof in aid of the premedical course of instruction, $17,000 
thereof to other uses of the college of letters and science, and $7,500 for domestic 
science and allied subjects: Andprovided, That in applying the same the regents 
may adjitst the expenditures to the varying needs of different years. 

Sec. 2. There shall be levied and collected annually for the period of two years 
an additional State tax amounting annually to the sum of $7,500, which amount 
when so levied and collected is for the period aforesaid appropriated to the 
university- fund income of the University of Wisconsin for the purchase of books 
for the university library. 

Sec. 3. There is hereby appropriated annually for the period of two years from 
the general fund of the State, out of any moneys not otherwise appropriated, the 
sum of $100,000 to the university-fund income of the University of Wisconsin 
[for certain specified purposes] . 

Sec. 4. There is hereby appropriated annually for the period of two years from 
the general fund of the State, out of any moneys not otherwise appropriated, the 
additional sum of $5,500 to the imiversity-fund income of the University of Wis- 
consin for uses and purposes as follows, to wit: [$2,500 annually for investiga- 
tion of the cranberry industry of the State; $1,500 annually for investigationt. on 
tobacco; $1,500 annually for a hygienic laboratory] . (May 20, 1903.) 



WYOMING. 

Constitution (1889), article 7: Sec. 15. The establishment of the University of 
Wyoming [act of March 4, 1886] is hereby confirmed, and said institution, with 
its several departments, is hereby declared to be the University of the State of 
Wyoming. All lands which have been heretofore granted or which may be granted 
hereafter by Congress unto the University as such, or in aid of the instruction to 
be given in any of its departments, with all other grants, donations, or devises 
foresaid university, or for any of its departments, shall vest in said university, 
and be exclusively used for the purposes for which they were granted, donated, or 
devised. The said lands may b3 leased on terms approved by the land commis- 
sioners, but may not be sold on terms not approved by Congress. 

Sec. 16. The university shall be equally open to students of both sexes, irrespec- 
tive of race or color; and in order that the instruction furnished may be as nearly 
free as possible, any amount in addition to the income from its grants of lands 
and other sources above mentioned necessary to its support and maintenance in 
a condition of full efficiency shall be raised by taxation or otherwise, under pro- 
visions of the legislature. 

Sec. 17. The legislature shall provide by law for the management of the uni- 
versity, its lands, and other property by a board of trustees, consisting of not less 
than seven members, to te appointed by the governor, by and with the advice and 
consent of the senate, and the president of the university and the superintendent 



LAWS KELATINO TO LAISD-GRANT COLLEGES. 223 

of public instruction, as members ex officio, as such having the right to speak, 
but not to vote. The duties and powers of the trustees shall be prescribed by law. 

[The following matter is taken from the "Revised Statutes of Wyoming. In force December 
1, 1899." Revised, compiled, edited, and published by J. A. Van Orsdel and Fenimore Chatterton. 
Laramie, Wyo., 1899.] 

Sec. 485. There is established in this State, at the city of Laramie, an institu- 
tion of learning under the name and style of " The University of Wyoming." 
(1890-91.) 

Sec. 486. The objects of such university shall be to provide an efficient means 
of imparting to young men and young women, without regard to color, on equal 
terms, a liberal education, together with a thorough knowledge of the various 
branches connected with the scientific, industrial, and professional pursuits. To 
this end it shall embrace colleges or departments of letters, of science, and of the 
arts, together with such professional or other departments as in course of time 
may be connected therewith. The department of letters shall embrace a liberal 
course of instrviction in language, literature, and philosophy, together with such 
courses or parts of courses in the college or department of science as are deemed 
necessary. (1890-91.) 

Sec. 487. The college or department of science shall embrace courses of instruc- 
tion in the mathematical, physical, and natural sciences, together with such 
courses in language, literature, and philosophy as shall constitute a liberal educa- 
tion. The college or department of the arts shall embrace courses of instruction 
in the practical and fine arts, especially in the applications of science to the arts 
of mining and metallurgy, meshanics, engineering, architecture, agriculture, 
and commerce, together with instruction in military tactics, and in such branches 
in the department of letters as are necessary to a proper fitness of students for 
their chosen pursuits, and as soon as the income of the university will allow, in 
such order as the wants of the public shall seem to require, the said courses in the 
sciences and their practical applications shall be expanded into full and distinct 
schools or departments. (1890-91.) 

Sec. 488. The government of the university shall vest in a board of nine trus- 
tees to be appointed by the governor, three, and only three, of whom shall at all 
times be residents of the coimty of Albany, together with the president of the 
university and the State superintendent of public instruction as members ex officio, 
as such having the right to speak, but not to vote. (1890-91.) 

Sec. 489. The term of office of the trustees appointed shall be six years. During 
each session of the legislature the governor shall nominate and, by and with 
the advice and consent of the senate, appoint successors to the three trustees 
whose term of office shall have expired or will expire before the next session of 
the legislature. Any vacancy in the board of trustees caused by death, resigna- 
tion, removal from the State, or otherwise, shall be filled by appointment to be 
made by the governor, which appointment shall continue until the next session 
of the legislature, and no longer, but no member of the faculty while holding that 
position shall ever be appointsd a trustee. (1890-91. ) 

Sec. 490. The board of trustees and their successors in office shall constitute a 
body corporate by the name of "The Trustees of the University of Wyoming." 
They shall possess all the powers necessary or convenient to accomplish the objeots 
and perform the duties prescribed by law, and shall have the custody of the books, 
records, buildings, and all other property of the university. The board shall have 
power to electa president, secretary, and treasxirer, who shall perform such duties 
as are prescribed in the by-laws of the board. The treasurer shall execute such 
bond, with approved sureties in double the sum likely to come into his hands, for 
the faithful discharge of his duties as the board shall require. The term of office 
of said officers, their duties severally, and the times for holding meetings shall 
be fixed in the by-laws of the board. A majority of the board shall consitute a 
quorum for the transaction of business, but a less niimber may adjourn fi-om 
time to time, and all routine business may be entrusted to an executive com- 
mittee of three members, subject to such conditions as the by-laws of the board 
shall prescribe. The actual and necessary traveling expenses of nonresident 
members in attending the annual meeting of the board may be audited by the 
auditing committee thereof and paid by warrant on the treasurer out of the general 
fund of the university. (1890-91.) 

Sec. 491. The board of trustees shall prescribe rules for the government of the 
university in all its branches, elect the requisite officers, professors, instructors, 
and employees, any of whom may be removed for cause, as well as fix the salary 
and term of office of each, prescribe the studies to be pursued and the text-books to 
be used, and determine the qualifications of applicants for admission to the vari- 



224 EDUOATIOlSr EEPOET, 1903. 

ous courses of study; but no instruction eitlier sectarian in religion or partisan in 
politics shall ever be allowed in any department of the university, and no sectarian 
or partisan test shall ever be exercised or allowed in the appointment of trustees, 
or in the election or removal of professors, teachers, or other officers of the uni- 
versity, or in the admission of students thereto, or for any purpose whatsoever. 
The board of trustees shall also have power to confer such degrees and grant such 
diplomas as are usual in universities, or as they shall deem appropriate; through 
by-laws to confer upon the faculty the power to suspend or expel students for 
causes therein prescribed; to possess and use for the benefit of the institution all 
.property of the university; to hold, manage, lease, or dispose of, according to law, 
any real or personal estate, as shall be conducive to the welfare of the institution; 
to expend the income placed under their control, from whatever source derived, 
and, finally, to exercise any and all other functions properly belonging to such a 
board and necessary to the prosperity of the university in all its departments. 
(1890-91.) 

Sec. 492. At the close of each scholastic year (June 30) the trustees of the 
University of Wyoming, through their president, shall make a report in detail to 
the governor, exhibiting the progress, condition, and wants of the university, and 
of each school and department thereof, the course of study in each, the number 
of professors and students, together with the nature, costs, and results of impor- 
tant investigations, and such other information as they deem important, or as 
may be required by any law of this State or of the United States. Accompanying 
such report, and as a part thereof, the secretary and treasurer of the board of 
trustees shall unite in an itemized report showing the amount of receipts and 
disbursements for the year as had and made by said board, showing the appropria- 
tion resolution for that year, showing clearly the purposes for which the same 
have been expended, and the amount thereof expended upon each school or depart- 
ment of work, including the experiment station. Such reports are to be printed, 
and not less than 100 copies thereof filed with the secretary of state for distribu- 
tion among the members of the legislature and other public officers. (1899.) 
' Sec. 493. The president and professors of the university shall be styled " the" 
faculty," and shall have power, as such body, to enforce the rules and regulations 
adopted by the trustees for the government of students, to reward and censure 
students as they may deserve, and generally to exercise such discipline, in har-', 
mony with the said regulations, as shall be necessary for the good order of the 
institution; to present to the trustees for degrees and honors such students as are 
entitled thereto, and in testimony thereof, when ordered by the board, suitable 
diplomas, certificates, or other testimonials, under seal of the university and the 
signatures of the faculty. When, in course of time, distinct colleges or depart-' 
ments of the university are duly organized and in active operation, the immediate 
government of such departments shall, in like manner, be intrusted to their 
respective faculties. (1890-91.) 

'> Sec. 494. The president of the university shall be president of the several facul- 
ties and the executive head of all the departments. As such, subject to the board 
of trustees, he shall have authority to give general direction to the instruction 
and investigations of the several schools and departments, and, so long as the 
interests of the institution require it, he may be charged with the duties of one of 
the professorships. (1890-91.) 

Sec. 495. The secretaiy of the board of trustees of the University of Wyoming 
shall be required, before entering upon the duties of said office, to take the oath 
of office provided for elective officers under the Constitution of the State. (1897.) 

Sec. 496. The secretary of the board of trustees of the University of Wyoming 
is hereby authorized to administer oaths and affirmations to any person or per- 
sons, in connection with the business of the said University of the StatQ of 
Wyoming. (1897.) 

Sec. 497. To the end that none of the youth of the State who crave the benefits 
of higher education may be denied, and that all may be encouraged to avail them- 
selves of the advantages offered by the university, tuition shall be as nearly free as 
possible, and it shall be wholly free to such students from each county as are 
selected and appointed by the board of couu^-' commissioners therein. (1890-91.) 

Sec. 498. After any student has been gratt^.^ ?ted from either of the chief depart- 
ments of the university and received the degree of bachelor of arts, of letters, of 
philosophy, or of science, and has had a subsequent experience as a successful 
teacher of a public school in Wyoming for a period of one school year, the State 
superintendent of public instruction shall have authority to countersign the 
diploma of such teacher after such examination as to moral character, learning, 
and ability to teach as to the said superintendent raay seem proper, and such 



LAWS EELATING TO LAND-GEAl^T COLLEGES. 225 

graduate so tested shall, after his diploma has been so countersigned by the State 
superintendent as aforesaid, be deemed qualified to teach any of the public schools 
of this State, and the diploma so countersigned shall be his certificate of such 
qualification until annulled by the State superintendent of public instruction. 
(1890-91.) 

Sec. 499. The University of Wyoming having been designated by the Secretary 
of the Interior as the proper institution to receive and expend the moneys appro- 
priated by an act of Congress approved August 30, 1890, * * * until such time 
as there may be an agricultural college established in this State separate and apart 
from said University of Wyoming, assent is hereby given to all the terms and 
conditions of the said act of Congress and the grants of money authorized and 
made by said act are hereby assented to and accepted by the State of Wyoming. 
The treasurer of the State of Wyoming is hereby designated as the proper officer 
to accept and receive said moneys so granted by said act of Congress, and to dis- 
burse the same in accordance with the provisions of section 3 of the said act of 
i Congress. (1890-91.) 

, Sec. 500. The University of Wyoming having been designated by the Secretary 
] of the Interior as the proper institution to receive and expend the moneys appro- 
priated by an act of Congress approved August 30, 1890, * * * until such time 
as there may be an agricultural college established in this State separate and apart 
;from the said University of Wyoming, assent is hereby given to all the terms of 
and conditions of said act of Congress, and grants of money authorized and made 
by said act, by the act of March 2, 1887, relative to the establishment of agricul- 
tural experiment stations, or any other act for like purposes, are hereby assented 
I to and accepted by the State of Wyoming. Except where other designation is 
made by Congress all moneys granted or donated by Congress in aid of scientific 
instruction or experimentation and set apart by the legislature for such use by the 
University of Wyoming shall be accepted and received by the State treasurer, and 
by him placed at the disposal of the board of trustees of the said university by 
transfer to the treasurer of said board for disbursement in accordance with the 
provisions of the act or acts of Congress aforesaid. (1890-91.) 
, Sec. 501. There shall be appropriations made by the legislature of the moneys 
intended for the support and maintenance of the University of Wyoming, and 
such appropriations shall specify as nearly and accurately as the same can be done 
the specific purposes for which such moneys are intended and may be used. Such 
appropriations shall apply to and include all moneys received by the university 
from the United States for the endowment and support of colleges for the benefit 
of agriculture and mechanic arts, but moneys so received from the United States 
shall be appropriated, applied, and used solely for the purpose specified in the acts 
of Congress regulating the same. No expenditure shall be made in excess of such 
appropriation, and no moneys so appropriated shall be used for any purpose other 
than that for which they are appropriated. (1895.) 

Sec. 502. The moneys received under ah. act of Congress approved March 2, 1887, 
* * * shall be appropriated, used, and expended pursuant to the provisions of 
this chapter and not otherwise. (1895.) 

Sec. 503. The trustees of the university or college at Laramie, Wyo., in connec- 
tion with which such experimental station is established, shall annually, by reso- 
lution, specifically appropriate and designate the u.ses to which such money shall 
be applied and the purposes for which the same shall be expended, such uses and 
purposes at all times to be within the use and purpose for which such money is 
donated under the acts of Congress regulating the same, and no part of such 
money shall be used or expended in any manner or for any purpose not covered 
by such appropriation, and no indebtedness shall be contracted or ex]Denditure 
made in excess of such appropriation. (1895.) 

[Sections 504-519 are omitted. They contain the first 17 sections c chapter 92 of the session 
laws of 1890-91 and relate to the establishment of "The Wyoming Agricultural College." By rote 
of the people in 1893 the college was located at Lander, Fremont County, but has not been 
organized.] 

Sec. 520 [as amended by Laws, 1903, chapter 42]. During such time as the 
University of Wyoming shall be and, remain the recipient of the funds donated 
by the United States Government • "he State, under the act of Congress of March 
2, 1887, establishing agriciiltural experiment stations, and the act of Congress of 
August 30, 1890, applying certain moneys in aid of agricultural colleges, and all 
acts of Congress amendatory thereof and supplemental thereto, the treasurer of 
the State shall invest, in the same class of securities and at t3?e same rate of inter- 
est as provided by law for State funds, all moneys in his hands derived or arising 

ED 1903 15 



226 EDUCATIOTSr EEPOET, 1903. 

from the sale of the lands, or any of them, donated to this State by Congress for 
the use and support of an agricultural college, such securities to be approved as 
other loans of State moneys are approved, except that in addition thereto they shall 
be approved by the president or the vice-president of the board of trustees of the 
State university: Provided, however. That no profit or interest from such loans or 
investments shall be paid over for the support of said institution, as hereinafter 
provided, until all loss or losses, if any, out of the principal of said funds, shall 
be made good and restored out of said profits and interest; said loans or invest- 
ments to be made in the name of the State of Wyoming, the profit and interest 
upon or derived from such loans or investments to be paid into the treasury of 
the State, for use as provided by section 523, Revised Statutes of 1899; this sec- 
tion to apply to all moneys that may in any way become a part of the agricultural 
college permanent land fund. 

Sec. 522. The net interest and profit received and derived from any loan or invest- 
ment made in pursuance of the authority conferred by the last preceding section 
[520] after all loss or losses have been made good as aforesaid shall at all times 
be available for use, and may be used by the board of trustees of said university 
for any purpose connected v^ith the_ supporting and maintenance of the agricul- 
tural college at the University of Wyoming not inconsistent or in conflict with 
any act of Congress herein referred to or any act amendatory thereof or supple- 
mental thereto. (1899.) 

Laws, 1903, chapter 42: Section 1. [This is s action 520 above.] 

Sec. 2. The moneys now in the agricultural college land income fund, in the 
hands of the State treasurer, are hereby constituted a permanent fund, to be known 
as "The agricultural college permanent fund of 1903," and the same is to be 
loaned or invested in the manner described by section 1 of this act, or in whatever 
manner may be designated by law. 

Sec. 3. All moneys hereafter arising from the rentals of lands, known as "agri- 
cultural college lands," the interest and pi'ofits derived from the investment of 
the "agricultural coJege permanent land fund," and the interest and profits 
derived from the investment of the ' ' agricultural college permanent fund of 
1903 " are hereby appropriated and made available for use and maybe used by the 
board of trustees of the University of Wyoming for any purpose connected with 
the supporting and maintenance of the agricultural college at the University of 
Wyoming not inconsistent or in conflict with any act of Congress referred to or 
any act amendatory or supplemental thereto; said funds to be paid by the State 
treasiTrer to the treasurer of the board of trustees of the State University upon 
the warrant of the State auditor, to be issued upon request of said board of trus- 
tees. (February 19, 1903.) 



LB 



